Discover the new Brussels Rent Ordinance: here’s what you need to know!

Have you heard the news? On April 4, 2024, the Brussels government approved a new ordinance that’s giving the rental market a major overhaul! This change, which was published in the Belgian Official Gazette on April 22, has major implications for both tenants and landlords. Curious about what this means for you? Read on and discover, together with our rental operations manager, Dietger Van Steertegem, the most important changes that will take effect on November 1, 2024.

What is an ordinance? 

Before we dive into the details, let’s take a moment to consider exactly what an ordinance is. Did you know that we’re deliberately not referring to a law or a Brussels decree here? Why not, you might ask? Well, that has everything to do with the different levels of regulation in Belgium. The federal government is responsible for enacting laws, while provincial and local governments deal with regulations. Then there are the regional governments, such as the Flemish government, which issue decrees. But the Brussels-Capital Region? That’s a different story! Here, we work with ordinances and regulations. 

Pretty handy tip, right? Now that you’ve got the hang of the difference, let’s find out what this means for you! Are you ready? Let’s go!   

Attention! The new rules are taking effect

Under the new rent ordinance, which takes effect on November 1, 2024, both existing and new lease agreements will be subject to these rules, unless otherwise specified. 

Pre-contractual information: Be prepared!

One of the biggest changes is the revision of the pre-contractual disclosure requirements. What does this mean? From now on, tenants must receive more information before signing a lease. This includes:

• Reference rent: This must be clearly stated in the listing and can be calculated using huurprijzen.brussels.

• Previous rent: This must also be clearly stated in the listing.

• Area: Crucial for monitoring the reference price. 

Important! Errors can result in a fine of €50 to €200. Make sure everything is correct before you sign!

The new lease agreements: what’s changing?

The ordinance also introduces significant changes to lease agreements themselves. Here are a few highlights:

1. Regional registration: Starting January 1, 2025, all Brussels rental agreements must also be registered at the regional level in addition to the existing federal registration.

2. Stricter housing quality standards: Starting January 1, 2025, housing quality standards will be tightened. Landlords who fail to meet these standards face severe penalties, such as having to adjust the rent to the new rate for their tenants for 18 months and reimbursing moving expenses. 

3. Indexation: Lease agreements that are not registered at the regional or federal level cannot be indexed. In addition, indexation is not permitted if landlords cannot prove that the EPC (Energy Performance Certificate) was provided prior to the signing of the lease.

4. Return of the security deposit: Landlords must return the security deposit within two months of the notice of termination; otherwise, they risk incurring high interest charges.

5. No blanket ban on pets: Tenants can now keep their pets more easily without worrying about a blanket ban.

Short-term contracts: new rules, new restrictions 

If you’re planning to sign a short-term lease, you should know that the rules are getting stricter. The ordinance is being amended so that—just like in Flanders—the use of short-term leases will be further discouraged. Here are the main changes:

• When terminating a short-term lease, you cannot simply set the new rent as you please. The maximum amount you can charge is the previous rent plus the indexation.

• It is now only possible to renew a short-term lease once for a short period. Previously, this could be done an unlimited number of times, as long as the total duration of the short-term leases did not exceed 3 years.

Legal proceedings: more time, more protection 

Finally, there are also changes to court procedures:

• Mandatory notice of default: The grace period is extended from 15 days to 1 month.

• Eviction notice period: This has been extended to 40 days, as opposed to the previous 8-day period.

• Winter moratorium: Evictions are prohibited between November 1 and March 15, providing tenants with additional protection during the winter months.

The new Brussels rental ordinance brings significant changes. Whether you’re a tenant or a landlord, it’s essential to be aware of these new rules. They’re designed to provide more transparency and protection in the rental market, but they also come with new responsibilities. Want to learn more about the details of the ordinance? Check out the official website and make sure you’re well prepared. The changes are coming, so don’t get left behind!