Selling your parents' house when they move to a residential care centre

Flanders has 83,488 places in residential care centres and 36,345 assisted living flats (Departement Zorg, 2026). Whoever goes to live there often leaves behind a house the family has to decide about.

The house remains your parent's, even after the move to a residential care centre or an assisted living flat. As long as your parent can decide for themselves, they decide themselves whether the house is sold, let or kept, and they sign themselves at the notary.

Who else has a say depends on the family:

• If your parent is married or legally cohabiting, both partners decide together about the family home, even if only one of them is the owner (notaris.be).
• If your other parent died earlier, your parent often has the usufruct and the children have the bare ownership. The children cannot simply sell the home then: your parent and the children decide together (notaris.be).
• If your parent can no longer decide for themselves, an attorney with a care power of attorney or an administrator acts on behalf of your parent.

With a care power of attorney, someone who is still of sound mind gives one or more attorneys the power to decide on his or her assets (notaris.be). The power of attorney can cover the sale of the home, also under conditions, for example only with the approval of the grantor or under the supervision of the justice of the peace.

For the sale of a home, the care power of attorney has to be in a notarial deed. It also has to be registered in the Central Register of Mandates (Centraal Register van Lastgevingen), otherwise it ends as soon as the grantor becomes legally incapable. A court is not needed to make it work (notaris.be).

At the sale, the attorney signs the sale agreement (compromis) and the deed on behalf of your parent, within what the power of attorney allows. So give the notary the power of attorney early, so they can check whether it covers the sale.

If your parent does not yet have a care power of attorney and can still decide for themselves, they can have one drawn up now. Since 1 January 2026, the fee is fixed at € 222, or € 336 for two grantors, plus among other things € 50 duty on written documents, € 19.40 registration and € 50 registration duty, VAT and administrative costs (notaris.be).

Then the justice of the peace of your parent's place of residence can appoint an administrator. Any interested party can request that with a petition, together with a medical certificate no older than 15 days (notaris.be).

An administrator can be a family member or a friend, or a professional such as a lawyer. For the sale of the home, the administrator needs an authorisation from the justice of the peace (notaris.be).

So consult the administrator and the notary before you look for a buyer, and allow extra time for the authorisation. Care power of attorney and administration are federal rules and apply throughout Belgium.

Married couples and legal cohabitants decide together about the family home (notaris.be). If one of them can no longer decide, a care power of attorney or administration is needed to sell the home; have your notary confirm what applies in your situation.

Also look ahead. If one partner moves to a residential care centre or an assisted living flat and the other stays at home, the last shared home can still remain exempt from inheritance tax for the surviving partner on a death (Flemish Tax Administration). A sale beforehand changes that calculation, so have it checked before you decide.

Involve your parent as much as possible, even if they can no longer decide everything themselves. What does your parent want with the house, what definitely has to go to the new room, and what can wait?

Agree with brothers and sisters who is the point of contact for the notary, the care fund and later the buyers, and how you keep each other informed. Whoever lives nearby often does more; say that out loud too, so that nobody feels passed over.

A free valuation based on the address gives the family a shared starting point for that conversation. It is not an official valuation, but a figure everyone can start from.

Selling is a choice, not an automatic step. What fits depends on what your parent wants, on the costs of the care and on the income and savings. Set the options calmly side by side:

• Selling gives clarity and money for the care, but can reduce the care budget or other allowances.
• Letting brings in an income, but requires management: a tenancy agreement under the Flemish Residential Tenancy Decree, repairs and contact with the tenant.
• Keeping the house for a while gives peace of mind, but costs insurance, energy and maintenance. Let your fire insurer know that the home is empty, and ask the municipality whether there is a vacancy levy and which exemptions apply.

If your parent receives a care budget for older people with a care need, the care fund recalculates the entitlement after a sale or gift. That usually leads to a reduction or termination (Departement Zorg).

You report the sale to the care fund within 3 months, via the online file or via the social service of the health insurance fund, the municipality or the public welfare centre (OCMW). Whoever does not report it has to repay what was overpaid (Departement Zorg).

The Departement Zorg recommends checking with one of those social services before the sale what the consequences are. If your parent receives an income guarantee for older people, also ask the Federal Pensions Service what a sale changes. If your parent lives in Brussels or Wallonia, ask the health insurance fund which rules apply there.

Start with what takes longest. You need the EPC (energy performance certificate) before the home is up for sale, the asbestos certificate (asbestattest) has to be ready at the sale agreement for a home from before 2001, and a soil certificate (bodemattest) can take up to 60 calendar days (Flemish government, OVAM).

If the house is older and has label E or F, the buyer has to renovate it to label D or better within 6 years after the deed (Flemish government). As the seller, your parent does not have to renovate; an honest EPC helps the buyer to substantiate their offer.

Clear out the house in consultation with your parent and without haste: choose together what goes to the new room and what the family wants to keep. It is often a farewell, and that may take time.

Whether you then sell yourself, with help or with a realtor, you can weigh up calmly with the Hoobler sales guide.

Do you need your children's permission to sell your house?

If you are the sole owner and can decide for yourself, you decide yourself. If your children have the bare ownership, for example after the death of your partner, you decide together. If you are married or legally cohabiting, you decide together with your partner about the family home (notaris.be).

Can an administrator sell my parent's house?

Yes, but only with an authorisation from the justice of the peace (notaris.be). Consult the administrator and the notary before you look for a buyer, because that authorisation takes time.

Can you sell a house with a care power of attorney?

Yes, if the care power of attorney allows the sale, is in a notarial deed and is registered in the Central Register of Mandates (notaris.be). A court is then not needed.

Can you still make a care power of attorney with dementia?

A care power of attorney can only be drawn up as long as someone is still of sound mind (notaris.be). If in doubt, discuss it with the notary. If it is no longer possible, administration via the justice of the peace is the route.

Do you have to report the sale to the care fund?

Yes, if your parent receives a care budget for older people with a care need: within 3 months after the sale (Departement Zorg). The budget is then recalculated and usually reduced or terminated.

Does the house have to be sold to pay for the residential care centre?

Not automatically. It depends on the income, the savings and what your parent wants. Before you decide, have it checked what a sale means for the care budget and other allowances.

• notaris.be, De zorgvolmacht (rates from 1 January 2026)
• notaris.be, De gerechtelijke bescherming (administration)
• notaris.be, Wat met de gezinswoning
• notaris.be, Het vruchtgebruik helder uitgelegd
• Departement Zorg, Een wijziging van uw inkomen of gezondheidstoestand (care budget)
• Vlaamse Belastingdienst, Vrijstelling van erfbelasting op de gezinswoning voor de langstlevende partner
• Vlaamse overheid, Een huis verkopen
• OVAM, Veelgestelde vragen over het asbestattest
• OVAM, Hoe vraag ik een bodemattest aan?
• Vlaamse overheid, Renovatieverplichting voor residentiële gebouwen
• Departement Zorg, Overzicht zorgaanbod residentiële ouderenzorg (2026)

Last checked on 28 October 2026.