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Real estate terms that begin with D

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Letter D

Débirentier

During a life annuity sale, the person who has the obligation to pay the creditor the annuity fixed at the time of the sale is called a "débirentier". This is usually the buyer of the property.

Declaration of succession

The declaration of succession must be made, by the heirs, within 6 months of death, to the tax office of the domicile of the deceased person. This is a tax return. It consists of several printouts that contain information related to the identity of the deceased and his heirs, and detail the estate of the deceased. Inheritance tax is, in principle, paid when the declaration of succession is filed.

Cooling-off period

During a real estate purchase, the buyer benefits from a reflection period of 10 days, which allows him to renounce the sale. This period runs before the conclusion of the authentic deed, if and only if the buyer has not benefited from a withdrawal period when signing the compromise or the promise to sell.
This period benefits any non-professional buyer, for the acquisition of a property for residential use only.

Withdrawal period

During a real estate purchase, the buyer benefits from a withdrawal period, which allows him to renounce his acquisition, within a period of 10 days.
This period is offered to any non-professional buyer, for the acquisition of a property for residential use only. He runs from the day after the first presentation of the registered letter notifying him of the promise or the sales agreement, when the notification is made by registered letter with acknowledgment of receipt.
If the promise or compromise is delivered to the buyer by hand by a real estate agent or notary, the period runs from the day after the date of hand delivery.

Real estate diagnostics

To allow the information of a buyer or tenant, the law obliges the seller or lessor to provide different real estate diagnostics. The diagnoses are gathered in a technical diagnostic file and annexed to the preliminary contract and then to the authentic deed of sale, or to the lease.
The content of the technical diagnostic file depends on the contract concluded (sale or lease), the date of construction of the building, its equipment, and the place where it is located.

Divorce

Divorce is the breaking of the bond created by marriage. It necessarily results from a court decision.
There are 3 types of divorce:
- Divorce by mutual consent: the spouses, if they agree on all aspects of divorce, prepare, with the help of a lawyer, an agreement that regulates all the effects of divorce. The agreement is signed after a period of reflection, and deposited in the rank of minutes of a notary.
- Divorce by mutual judicial consent, when a child of the couple asks to be heard by the judge: the spouses, if they agree on all aspects of the divorce, prepare, with the help of their lawyer(s), an agreement that they present to the judge. The judge will give it binding force and pronounce the divorce after verifying that both spouses agree to divorce and that their agreements are in the interest of the family.
- Other forms of divorce, in which the spouses do not agree on the divorce itself and its effects. Points of disagreement are decided by the judge. Divorce can be requested for 3 reasons: acceptance of the principle of the breakdown of the marriage, fault, or definitive alteration of the marital bond. Divorce proceedings are brought before the Family Judge, who is a judge of the High Court. The lawyer is mandatory.

Donation to the last living

The donation to the last living is a deed drawn up before a notary. It allows you to leave, at death, a greater part of your property to the person with whom you are married.
If you have children or descendants, you can leave your spouse:
- the available quota, i.e. the share of your property that you could leave to a third party, and which depends on the number of children you have,
- or usufruct on all of your property,
- or the ownership of a quarter of your property and the usufruct on the rest of your property.
If you do not have children or descendants, you can leave all of your property to your spouse.

Technical diagnostic file

When selling or renting a property, the seller or lessor provides a technical diagnostic file that gathers the mandatory diagnoses relating to the property sold or rented.
The technical diagnostic file is annexed:
- the lease, in the case of rental,
- the promise of sale and the notarial deed, in case of sale.
The diagnoses to be provided depend on the type of property sold, its date of construction, the place where it is located...

Right of withdrawal

The law allows the non-professional buyer of a property, for residential use, to renounce its purchase, for a period of 10 days.
The non-professional buyer benefits from this right if he concludes a contract:
- For the purchase of a property for residential use (house, apartment),
- For the construction of a property for residential use (detached house, purchase "off plan"),
- Rental-accession on a dwelling,
- Subscription of shares giving the right to the allocation of a property for residential use.

Transfer duty

Transfer tax corresponds to the taxes to be paid when transferring ownership of a property. We speak of transfer taxes "free of charge" when there is a transfer of ownership without any consideration. This is the case for donations where a donor gives a sum of money to a donee without consideration for the latter. Transfer taxes are said to be "for consideration" when on the occasion of a sale the purchaser pays an agreed sum of money in return for the property. These taxes are paid when depressing Cerfa prints (print no. 2048 – IMM for real estate sales, and print no. 2735 for manual donations).

Registration fee

These fixed, proportional or progressive fees are paid on the occasion of the registration of a document recording a transaction. The formality of the registration can be mandatory or voluntary but allows in all cases to give a certain date to the acts under private signature. They are paid to the tax office.
DPE
The Energy Performance Diagnosis (EPD) is established by a professional diagnostician. It states:
- the amount of energy actually consumed or estimated for a standardised use of the building or part of the building,
- classification according to reference values,
- recommendations to improve energy performance.
It allows the consumer to compare and evaluate his energy performance.
The DPE is provided by the seller or by the lessor. It must be less than 10 years old.
Advertisements relating to the sale of a property reproduce:
- the energy label of the DPE, on advertisements in the window of a real estate agency or on the Internet,
- the energy class of the property, in the advertisements of the written press.