Rent indexation is the adjustment of the rental prince to changes in the cost of living. The following principles apply for the indexation of retail leases:
- Rent indexation is allowed only once a year;
- The rental price can be indexed only if the lease agreement contains an indexation clause;
- Indexation takes place at the earliest on the anniversary of the entry into force of the lease agreement;
- The adapted rental price may not exceed the amount obtained by applying the following formula: basic rental price multiplied by the new index and divided by the initial index.
The abovementioned regional act of 15 December 2022 introduces a deviating indexation formula for all retail lease agreements in the Brussels Capital Region for one year, replacing the formula mentioned above.
This deviating formula calculates the part of the indexation as from June 2021 using the consumer price index without the energy component (the “index 0 energy”). To this end, the following products are removed from the consumer price index: electricity, natural gas, butane, propane, liquid fuels, solid fuels and motor fuels. The adjustment to the evolution of energy prices is thus omitted. However, the part of the indexation up to June 2021 remains based on the health index.
- For lease agreements that entered into force before or in July 2021 (or if the basic rental price was fixed by agreement or judgment with effect before or in July 2021):
basic rental price x 0.99 x (new index 0 energy /initial index)
- For lease agreements that entered into force after July 2021 (or if the basic rental price was fixed by agreement or judgment with effect after July 2021):
basic rental price x (new index 0 energy / initial index 0 energy)
- The terms used are defined as follows:
- The basic rental price is the rental price that follows from the agreement or a judgment excluding all costs and charges.
- The initial index is the health index published by Statbel (or for agreements concluded before 1 February 1994: the consumer price index) of the month preceding the month during which the agreement is concluded.
- The initial index 0 energy is the consumer price index excluding energy components, published by Statbel, of the month preceding the month during which the agreement is concluded.
- The new index 0 energy is the consumer price index excluding energy components, published by Statbel, of the month preceding the month of the anniversary of the entry into force of the lease agreement.
If the lease agreement contains an indexation clause that results in a higher amount than the amount resulting from the application of the legal formula, that amount will be reduced to the amount resulting from the legal formula.
