New Brussels regulations on excessive rents: What Landlords Need to Know

This measure applies to all lease agreements, including those signed before or on the date of its entry into force.

The Rent Assessment Commission: a key player

At the heart of this system is the Rent Assessment Commission, a neutral body with equal representation of landlords and tenants. The commission provides non-binding, yet objective advice on the fairness of a rent.

Requests are processed within two months. The commission’s opinions are publicly accessible and freely available on its website.

The commission may also act as a mediator and aims to encourage out-of-court settlements.

What Is a “reference rent”?

The reference rent is an indicative rental value based on objective parameters such as:

• Surface area
• Year of construction
• Location within the region
• Amenities such as central heating, additional bathrooms, garage, storage space
• Energy performance level

The primary aim of these reference rents is to provide prospective tenants and landlords with a clear picture of Brussels rental prices.

Since the end of 2021, landlords must include the reference rent in the lease agreement. As of November 2024, it must also be mentioned in advertisements.

An online simulator is available on the Brussels Region website to calculate the reference rent, including a 10% margin to allow for negotiation.

What is considered an excessive rent?

A rent is deemed excessive if it exceeds the reference rent by more than 20%, without quality defects or exceptional circumstances to justify the difference.

In such a case, the tenant may request a revision from the Rent Assessment Commission, and possibly also through the justice of the peace.

Revision procedures for short and long-term leases

The ordinance provides different procedures depending on the duration of the lease:

• Short-term (1 to 3 years): a request for revision can be filed starting two months after the lease takes effect.
• Long-term: a request can only be filed starting three months after the lease takes effect.

After receiving the commission’s advice, the parties may reach an agreement through mediation. If this fails—or if the parties prefer—they may turn to the courts. The judge will decide based on fairness and may retroactively adjust the rent, up to four months prior to the request.

Note: if a landlord has previously had to revise an excessive rent for the same property, a new request may be submitted at any time during the lease. If the rent is again found to be excessive, the revised rent will apply from the first month of the lease.

Possibility of rent increase at the landlord’s request

The regulation also allows the judge to grant a rent increase when:

• The reference rent has increased by at least 20% compared to the current rent, and
• There are no quality defects justifying a lower rent.

An increase is also possible when:

• The rent is at least 10% below the reference rent,
• The landlord has carried out non-mandatory works (outside Article 220 of the BHC), and
• There are no defects.

This mechanism is intended to encourage landlords to manage their properties sustainably and responsibly.

Conclusion

As a landlord in Brussels, you can no longer set your rental prices entirely freely. You must be aware that your rent can be reviewed if it is considered excessive. Not every excessive rent will be automatically revised, but you will now have to justify it.

The Real Estate team at Andersen is here to support you. Should you have any questions on this subject, please do not hesitate to contact our specialists at info@be.Andersen.com or +32 2 747 40 07.