Brussels Grants Tenants a Right of First Refusal in Property Sales

Since January 1, 2024, tenants in Brussels have been granted a significant right in the event of a property sale: the right of first refusal. This new regulation, approved by the Brussels parliament, allows tenants the opportunity to purchase the property they are renting before it is offered to other potential buyers. This is an important step towards making property ownership more accessible for tenants in Brussels, but it also raises questions about how it works and who benefits from this right.

What is the Right of First Refusal?

The right of first refusal means that tenants who are living in a property now have the priority to buy that property when the owner decides to sell. This provides tenants with a unique opportunity to permanently own their home, without having to venture into the housing market to find another property.

Who Does This Apply To?

This right applies mainly to unfurnished homes that are the tenant's main residence and have a long-term lease. Tenants must also be domiciled in the property. This means that temporary leases, such as those for student housing or subletting, are not covered by this provision. The law also excludes family sales, corporate mergers, sales of life annuities, and cases involving usufruct or naked ownership.

How Does It Work in Practice?

When an owner decides to sell their property, they must inform the tenant via registered mail. The tenant then has 30 days to respond to the offer. If the tenant refuses or does not respond within this time frame, the property can be offered for sale on the open market.

However, there is an important condition: if the property is later offered to another buyer at a lower price or under more favorable conditions, the tenant must be notified again. The tenant then has 7 days to exercise their right of first refusal.

Benefits for Tenants

The right of first refusal offers tenants the chance to purchase their home on the same terms as other potential buyers, which is especially beneficial in a market where property prices are often high. This measure helps tenants take a step towards homeownership, a long-term goal for many.

Reactions to the New Law

The measure has been well received by many tenants, although there were concerns from some political parties about the potential disruption to the real estate market. Despite these concerns, the proposal was approved with a majority and has been in effect since the beginning of 2024.

Conclusion

The right of first refusal in Brussels offers tenants an important opportunity to purchase the home they are renting, thus increasing their housing security. While landlords are required to notify tenants of a potential sale, this right gives tenants the chance to buy the property with priority. This is especially useful in a competitive housing market and contributes to increasing homeownership among tenants in Brussels.