Sale of rebuilt house again at 6% VAT – note the new conditions

Brief refresher

As of January 1, 2024, a permanent scheme was introduced whereby, in principle, only real estate works related to demolition and reconstruction were eligible for the 6% VAT rate in certain situations.

However, deliveries (sales) of new homes after demolition were excluded, as was the application of the old tariff scheme concerning the 32 central cities. For these last two schemes, a transitional measure was provided until June 30, 2025, subject to certain conditions. For deliveries, it is specifically required that the environmental permit for the project was applied for before July 1, 2023, for the transitional measure to apply.

Scheme for deliveries 

The 6% VAT rate will again be applicable to the delivery of a rebuilt house after demolition in the following situations:

• The buyer designates the house as their sole and own home and has their domicile there without delay. Note: the habitable area must not exceed 175 m2.
• The buyer designates the house for rental to a specific institution within the framework of social policy. Here, there is no limitation on the habitable area (!).
• The buyer designates the house for long-term rental for habitation to a natural person (for at least 15 years) who has their domicile there without delay. Note: the habitable area must not exceed 175 m2.

An important point is therefore that the known surface criterion of 200 m2 is reduced to 175 m2 (in the 1st and 3rd situations above), which obviously implies a tightening of the scheme. On the other hand, in the 2nd situation, no surface limitation is imposed.

Furthermore, we emphasize that the above arrangement would again generally apply from July 1, 2025, but due to the absence of the program law, developers and project developers cannot yet issue sales invoices with 6% VAT for their demolition and reconstruction projects. They must (hopefully only briefly) wait until the green light is given. The time when the environmental permit was applied for plays no role

Formalities

To be able to enjoy the 6% VAT rate as a buyer, a prior declaration will have to be submitted as before (by the seller, possibly with the addition of a declaration from the buyer). Hopefully, the VAT administration will soon clarify how these formalities will have to be filled out exactly in a circular.

Entry into force

As mentioned, the arrangement would in principle take effect from July 1, 2025 (but it is still waiting for the final law and its publication in the Belgian Official Gazette)

It is expected that the legislation will determine that the 6% rate will only apply to deliveries where the VAT becomes due from July 1, 2025. In light of this, it may be advisable to postpone any sales of homes until after the final law. We expect further clarification from the VAT administration on this soon.

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This article was written by Pieter van Hauwaert.