A “soil certificate” (bodemattest) is a form that indicates whether a piece of land is polluted or not. It is delivered by the Openbare Vlaamse Afvalstoffenmaatschappij (OVAM) (Public Waste Agency of Flanders). You are required to ask a soil certificate when the owner of a piece of land changes.
- If a piece of land has not been included in the OVAM register, a blank soil certificate is delivered. This means that OVAM does not have any relevant data regarding this piece of land.
- If your piece of land has been included in the register, you must first have a “soil orientation investigation” (orientërend bodemonderzoek) carried out, before you can transfer the piece of land. This means that a risk land is involved on which risk activities are/have been performed that can possibly cause soil pollution.
A soil certificate is required for every transfer of a piece of land (built and unbuilt). Thus, you need a soil certificate when you:
- or donate a piece of land.
The person transferring the piece of land must provide the soil certificate. The certificate must be submitted before the signing of the preliminary sales agreement.
For the transfer of e.g. a flat, a soil certificate is required as well. It is not required for a piece of land that is acquired by inheritance.
- The soil certificate must date back to after 1 June 2008 at the latest.
- For pieces of land not considered as high-risk pieces of land, soil certificates remain valid as long as the situation of the piece of land remains the same and as long as its administratives and environmental data do not change.
- For high-risk pieces of lands, the validity of the soil certificte depends on the validity of the soil orientation investigation.
You can download a request form for a soil certificate on OVAM website. OVAM will provide the certificate within 60 calendar days after your request.
You can also call 015 284 458 (Infolijn Bodem OVAM) if you want to get it through post.
You can even ask your notary to request the soil certificate.