In Belgium, the private rental market represents around 28% of the housing sector. In Brussels, the trend is reversed and represents almost 65% of this sector. For the majority of these owners, this is an unprofessional activity. Therefore, it is up to these individuals without specific skills to have to manage these rentals. However, since the entry into force of the 1991 law on the lease of main residence, the situation has continued to become more complex and the regionalization of the rules, with specific codes has obviously not simplified anything. Finally, new legal obligations are imposed on lessors following the strengthening of the influence of the European Union and environmental and climatic developments (these are the PEB requirements).
Also, renting accommodation is no longer really a simple question of managing a property “as a good father” to improve your pension but requires increasingly specialized skills and knowledge.
Immo: these measures in favor of tenants which frighten owners in Brussels
A “brick” of nearly 700 pages produced by SNPC lawyers was therefore essential to understand this new Brussels Housing Code. The authors point out that this matter is constantly evolving, if only through the jurisprudence of the courts and tribunals, it is always subject to change; the publication that the union presents reflects the situation on November 1, 2024, the date of entry into force of the code in question.
The lawyers worked as much on the law as on field experience to carry out the first part, which successively addresses the different types of existing leases – verbal lease or written lease (with the obligation to establish the second) –, their duration and their termination. Rents, indexations, rental guarantees, etc. are also discussed. The rules regarding inventory of premises upon entry and exit are also detailed.
The rights and obligations of the lessor and then the tenant are specified in separate chapters, before the distribution of repairs and work and charges between parties is discussed. One chapter addresses the question of the alienation of a rented building. There are also sections devoted to fire insurance, the end of the lease and the compensation relating to this end of the lease, and finally the registration of the lease contract.
The second part, “The legal procedure”, was written by Me Florence Brassart and the third, “Taxation of real estate income”, by Me Aurélien Bortoletti.
Information and orders on www.snpc-nems.be or by telephone 02./512.62.87.
