The soil certificate is a report that provides information about the soil quality of a specific plot of land. This certificate is issued by OVAM (the Public Waste Agency).
OVAM will inform through the soil certificate whether the plot of land is included in its database of contaminated grounds. If the plot of land is not known in OVAm's database, you will receive a so-called 'blank' soil certificate.
Attention! This does not mean that the soil cannot be contaminated, but only indicates that OVAM has no knowledge of any contamination on this plot of land.
When do you need a soil certificate?
A plot of land (whether built on or not) cannot be transferred or sold without a valid soil certificate. Although the content of the certificate is purely informative, the sale cannot proceed without approval from OVAM.
At the latest when the sale of a property is finalized (usually at the signing of the private sales agreement or compromise), the buyer must have been informed of the content of the soil certificate so that they are aware of the soil condition of the property to be purchased.
How to request a soil certificate?
The soil certificate must be requested from OVAM. The request can be made in writing or digitally. Generally, the request for the soil certificate should be made by the seller and at their expense.
What if my soil turns out to be contaminated?
If the soil certificate indicates that there may have been a risk activity, such as environmental pollution or the presence of a large oil tank, on the plot of land, an initial soil investigation is required. This investigation is carried out by a recognized soil remediation expert, who takes soil samples and analyzes them to determine any contamination. The report of the soil remediation expert is submitted to OVAM. If OVAM concludes after the initial soil investigation that there is no contamination, the transfer can proceed.
If contamination is found, the soil remediation expert continues with their work. This involves conducting a detailed descriptive soil investigation, mapping out the contamination in detail, and potentially drafting a remediation plan. OVAM then decides after analyzing this detailed report whether remediation works are necessary and who is responsible for them.
At that point, the buyer and seller must make further agreements regarding the execution and costs of these works, resulting in the initiation of a soil remediation project. Only after these works have been carried out (during the soil remediation project or upon its completion) can the transfer of the plot of land take place.