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Public sales

The Law of 4 December 2006 transposing into Belgian law Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right is in force since 1 November 2007. The implementing Royal Decree of 2 August 2007, which was published in the Belgian Official Gazette on 10 September 2007, is abrogated and replaced by the Royal Decree of 11 June 2015. This Royal Decree shall enter into force on 1 July 2015.

The information relating to public auctions is as follows:

1. The resale right is calculated on the selling price excluding taxes, provided that it amounts to at least € 2,000. The amount of the resale right is determined as follows:

    4% for the portion of the sale price up to € 50,000
  • 3% for the portion of the sale price between € 50,000.01 and € 200,000
  • 1% for the portion of the sale price between € 200,000.01 and € 350,000
  • 0.5% for the portion of the sale price between € 350,000.01 and € 500,000
  • 0.25% for the portion of the sale price exceeding € 500,000

However, the maximum amount of the resale right may not exceed € 12,500 per artwork (per resale).

2. For resales through a public auction, art market professionals involved in the resale as seller, buyer or intermediary, as well as the public officer and the seller are jointly and severally obligated to declare the sale within one month to the one-stop shop for the resale right.

The declaration is made through the website www.resaleright.be or by sending a copy of the official sale report (+ catalogue).

3. They are also jointly and severally liable for paying the rights due within two months after the declaration.

4. During a period of three years after the resale, the one-stop shop may require from art market professionals all information necessary for the collection and distribution of the resale right.

5. As far as the resale right is concerned, the author's claim shall lapse five years after the resale.
If you have further questions, do not hesitate to contact us by phone at the number +32 2 725 11 75 or by e-mail to contact@resaleright.be.