Can I enter into a lease agreement digitally?

Renting out properties involves a lot of paperwork and signature of parties. So isn't it possible to do everything digitally? Yes and no.

Signing documents can perfectly be done digitally through an electronic signature. For example, anyone with their identity card and an eID reader can digitally sign a lease agreement.

MyRent (the service at Fod Finance) where leases and place descriptions can be "digitally" registered, however, did not recognize digital signatures. This left tenants and landlords with no choice but to manually sign all documents with a pen, then scan and upload them into MyRent.

To solve this problem, developed Dewaele real estate office , after discussions with Fod Finance, a digital platform that collects all the documents surrounding a lease. An electronic application of Connective linked, allowing all parties to sign and digitally transfer documents to MyRent in a secure digital environment.

Although this initiative is to be applauded, it seems that this possibility is only offered to customers of Immokantoor De Waele, so it is not an overall solution for all leases.

Another problem arises with purchase agreements. Many purchase transactions are concluded via digital means (think of an e-mail, text message or whatsapp message). Case law has been conflicting on this issue. Where the court of appeal of Ghent recognized an agreement via text message as beginning written evidence of an agreement to purchase, ruled the court of appeal in Antwerp of not in a case of an agreement reached via email. To eliminate this problem, a bill was approved in parliament on July 12, 2018 harmonizing the concepts of electronic signature and durable medium and removing barriers to the conclusion of contracts by electronic means. It clearly states that real estate transactions can also be concluded electronically. This law has yet to be published in the Belgian Official Gazette, but as soon as the law enters into force, it will be perfectly legal to purchase a property via e-mail, SMS, WhatsApp, etc.

A next step is to have the final process of the purchase, i.e. the execution of the notarial deed at a notary, also take place digitally. This will also eliminate the need to sign the notarial deed on site at the notary. A final thought exercise is To eliminate the role of the notary with application of blockchain technology.