Title 3
in forceOf judicial enforcement against immovable property
Section 1
Of enforceable attachment on immovable property
The seizure of immovable property must be preceded by a writ from a bailiff, containing an order to comply with the enforceable title within two…
If the creditor has allowed one year to elapse after the order, he shall be required to renew the order.
The seizure shall be effected by a bailiff's official report (proces-verbaal) which, in addition to the standard formalities, shall contain on pain…
The attachment may only be levied for a claim the monetary value of which is determinable.
The official record of the seizure shall be entered in the public registers referred to in Section 2 of Title 1 of Book 3 of the Civil Code. A copy…
The party against whom execution is sought is obliged to maintain the seized goods in good condition.
Fruits and plantings which, at the time of the registration, are still on or in the property or are standing in the field and are harvested before…
The attachment shall likewise cover claims for compensation that have replaced the property after the registration, including claims in respect of…
An attachment levied on an immovable property after the purchase of the property has been registered in the public registers, as referred to in…
If the seized property is encumbered by one or more mortgages, the seizing creditor shall serve the seizure effected by him upon the mortgagees at…
If a mortgagee who, by virtue of his right, is authorised to proceed with a sale in execution, wishes to take over the execution and gives notice…
If several creditors have levied an attachment on the same property, the enforcement shall take place at the instance of the person who first caused…
The registration of the seizure may be cancelled with the application of Articles 28 and 29 of Book 3 of the Civil Code (Burgerlijk Wetboek), on the…
Section 2
Of the enforcement sale of immovable property
The sale in execution shall take place before a competent notary.
The notary shall, within fourteen days after his appointment or, if there are mortgage registrations, within fourteen days after the unused expiry of…
No sale shall take place until a period of thirty days has elapsed after it has been announced by publication on one or more generally accessible…
The notary shall establish the auction conditions, in consultation with the enforcer (executant) and with due observance of the provisions of…
Disputes concerning the auction conditions, the method of sale, or the day, hour, or place thereof, or via which website and during which period bids…
The sale shall take place in public, first by increasing bids (opbod) and subsequently by decreasing bids (afmijning).
The executant may sell immovable properties situated in different districts jointly for a single price only if they are exploited together or if…
If the enforcing creditor (executant) also holds a mortgage on other immovable property or on limited rights therein for the debt for which he has…
If multiple immovable properties are included in the same seizure and the proceeds of the sold property are sufficient to satisfy the enforcing…
The notary is obliged, insofar as this is possible for him, at the latest on the day following the sale, to give written notice of the sale to the…
The buyer is obliged to pay the purchase price into the hands of the notary. The latter shall satisfy the costs of the execution therefrom.
In the event of an immovable property intended for habitation, no other costs or levies shall be charged to the buyer, insofar as they are due, than:
The buyer acquires the right to the sold items by registration of the official record of adjudication (proces-verbaal van toewijzing).
Article 273 of Book 3 of the Civil Code (Burgerlijk Wetboek) shall apply.
If the buyer fails in the performance of the purchase agreement, the person enforcing the sale (executant) may, at the expense of the buyer, resell…
The buyer shall be able to prevent this new sale by still complying with the purchase agreement prior to the sale and by paying the costs already…
The buyer who fails in the performance of the purchase agreement shall be liable for the difference between the price for which he purchased the…
Section 3
Of recovery by third parties
If the attachment concerns an asset that belongs in whole or in part to another person or upon which a right of another person rests that the party…
The notary to whom a writ of summons as referred to in the preceding Article is served shall be authorised to suspend the sale of all assets involved…
If the sale has been delayed by the opposition, it may not take place until the notifications referred to in Article 516 have been made anew and the…
Section 4
Of execution by a mortgagee
The mortgagee is obliged to initiate the enforcement by a notification thereof or of the takeover referred to in Article 509 to the mortgagor, the…
If the mortgagee should be in default of continuing the enforcement with reasonable speed, any seizing creditor or mortgagee may petition the…
Articles 514, second paragraph, second sentence, and third paragraph, 515-520, 522, 523, 524a, 525, 526, second paragraph, and 527-529 shall also…
The period referred to in Article 515 shall run from the day of the notification to the mortgagor (hypotheekgever) referred to in Article 544.
Up to one week before the day determined for the sale, the petition referred to in Article 268, paragraph 2, of Book 3 of the Civil Code, requesting…
A petition by the mortgagee to obtain the leave referred to in Article 264, paragraph 5 of Book 3 of the Civil Code may, in addition to an advocate…
In the case referred to in paragraph 3 of Article 267a of Book 3 of the Civil Code, the inspection shall take place through the intervention of the…
Section 5
Of the distribution of the proceeds of the execution
If there is no other creditor who has levied an attachment on the property being foreclosed or on the purchase price, and no limited right is…
After payment of the purchase price, each of the interested parties mentioned in the third paragraph of the preceding article is entitled to petition…
A judicial ranking of claims (rangregeling), as referred to in the previous article and in Article 271 of Book 3 of the Civil Code, shall be…
In the event that, in a forced sale, multiple immovable properties or rights encumbering them together, or one or more immovable properties or rights…
Section 6
Of compulsory eviction
The forced eviction from immovable property must be preceded by a writ from a bailiff, containing an order to comply with the enforceable title…
The forced eviction shall be carried out by a bailiff.
If the doors are closed, or if access is refused, as well as if opening any room is refused, Article 444 shall apply mutatis mutandis.
Unless such would be incompatible with the interest of the person at whose claim the order is made, the court may determine that a judgment, whereby…
This section shall also apply if a total or partial evacuation, whether or not temporary, is necessary because: