The New Rental Legislation in Brussels: 10 Key Changes for 2024

The Brussels Parliament has recently approved a new rental ordinance, which brings significant changes to the Brussels Housing Code. These new regulations will affect both tenants and landlords in the Brussels-Capital Region, impacting the rental sector in various ways. From security deposits to pets and property taxes, these ten facts will help you understand the most important aspects of the new rental legislation.

1. Security Deposit Limitations

One of the first major changes concerns the security deposit. The deposit may no longer exceed two months' rent, excluding utilities. Additionally, landlords must return the deposit to the tenant within two months of the tenant's departure. If the landlord fails to do so, they will have to pay 10% of the monthly rent for each month of delay. The deposit must also be paid into a bank account, putting an end to cash deposits, although exceptions are made for people in precarious situations, who can still deposit funds into a special account.

2. Transparency for Short-Term Contracts

For landlords offering short-term rental contracts (less than 3 years), a new transparency requirement has been introduced. The landlord must provide the new tenant with the last rent amount paid for the property and cannot increase it, except in the case of leasehold agreements. Additionally, short-term contracts can no longer be extended more than once, except for student rental contracts.

3. Rent Increases After Renovations

The new legislation also regulates rent increases after energy-efficient renovations. If a landlord wishes to perform renovations, they must provide the tenant with all the necessary documents, such as a building permit, a detailed estimate, and a description of the works, within two months. If the landlord fails to do so, the tenant can request that the termination of the lease be declared invalid.

4. Pets Are Now Allowed

One of the most notable changes is that landlords can no longer refuse a tenant based on the possession of a pet. However, there are exceptions for dangerous animals, such as certain reptiles or arachnids. In any case, the new legislation ensures tenants' rights to have a pet, making it easier for renters to keep animals in their homes.

5. Errors in Cost Registration

The new law imposes strict timelines for claiming errors in the registration of costs. Errors benefiting the landlord can only be claimed within five years. However, if the error benefits the tenant, there is no time limit for claiming the amount, and it can be claimed for the duration of the error.

6. Property Tax Reduction for Homeowners with Children

Homeowners with two children are eligible for a reduction in their property tax, even if the property is rented out. Tenants whose family composition matches this reduction can request it from their landlord, who must apply for the tax reduction and pass it on to the tenant. "In some cases, this could represent almost a month's rent," says the minister.

7. Tenant Protection in Case of Complaints

Tenants who file a complaint with the Regional Housing Inspection (DIRL) are protected against eviction during the procedure. If the landlord terminates the lease after a complaint has been filed, the termination is suspended until the DIRL makes a decision. This provides tenants with more security and protection against unjustified lease terminations.

8. Ban on Renting Without a Conformity Certificate

Landlords who are ordered by the DIRL to carry out necessary repairs to their property may no longer rent the property out without a conformity certificate. This ensures that tenants are not living in unsafe or substandard conditions.

9. Stricter Penalties for Illegal Evictions

Illegal evictions are punishable by stricter penalties. Landlords who evict tenants without an enforceable eviction order may be required to pay up to 18 months' rent as compensation to the evicted tenant. Additionally, landlords can still be sued by the tenant as long as they have not regained access to their home. A daily fine can also be imposed until the tenant is allowed back into the property.

10. Mandatory Insurance for Tenants

Lastly, tenants will now be required to take out fire and water damage insurance when renting a property in the Brussels-Capital Region. This was previously only required if explicitly stated in the lease agreement, but now it is mandatory for all tenants.

Conclusion

The new rental legislation in Brussels brings both advantages and obligations for tenants and landlords. The changes aim to provide more transparency, protection, and fairness in the rental sector. For tenants, this means more rights regarding pets, rent increases, and unjust lease terminations, while landlords must comply with stricter rules on security deposits and cost registration. It is essential to understand the new regulations so that both tenants and landlords know what to expect in the coming years.