We refer to our previous newsletter from 2022 in which we already explained several legislative measures on controlling housing rental prices in Brussels. The following measures were envisaged at the time:
- An option to revise the rental price of a property (under conditions) every 3 years according to the “normal rental value” of the property was implemented;
- Indicative, non-binding reference rent prices were published via the website https://huurprijzen.brussels/;
- Landlords were required to state the reference rental price (or the relating interval) in the rent contract;
- The legal basis was established for setting up a Joint Rental Commission (“PHC in Dutch”) which was authorised to provide non-binding advice, free of charge, on whether the rental price for housing rental contracts in the Brussels Capital Region was fair;
- It was made law that the housing rental price is presumed to be excessive when the landlord asks for 20% more than the reference rental price. However, this presumption can be rebutted if major comfort elements or surrounding factors of the specific property are relied on, which were not considered when estimating the reference rental price (e.g. a remarkable or prestigious architecture, solid wood parquet flooring, etc.). A rent price is also presumed to be excessive if the property has significant quality defects, even if the rental price does not exceed the reference rental price by more than 20%.
A ban on charging excessive rents was also provided for, but this provision has not yet entered into force. To this end, the representativeness and reliability of the indicative grid of rent prices first had to be improved. It was essential to collect more data.
Ban on so-called “excessive housing rental prices” from 1 May 2025
On 4 April 2025, the Parliament of the Brussels-Capital Region adopted an ordinance which puts into effect the ban on charging excessive housing rental prices, from 1 May 2025.
Tenants have the option of seeking an opinion from the PHC on a request to review an excessive housing rental price. This gives the PHC, which has since been set up and become operational, its full authority.
If the parties do not reach an agreement after the mediation of the PHC, the tenant can request a review of the rental price before the justice of the peace. The tenant can also seise the Justice of the Peace immediately.
The revised rental price which is then pronounced can take effect at the earliest four months before the date of the document instigating the proceedings.
For rental contracts with a duration of more than one year but not more than three years, it will not be possible to start such proceedings during the first two months after the contract enters into force. For rental contracts with a longer duration, a waiting period of three months will apply.
If the landlord has already had to revise an excessive housing rental price for the same property, the tenant will be able to claim the reduction at any time during the rental contract. In such cases, the revised rental price will apply from the first month of the rental contract.
Different reference framework in the event of new circumstances or works
The landlord can still invoke the option every three years to claim an increase in the rental price as a result of new circumstances or works. However, as of 1 May 2025, this option will no longer be based on the “normal rental value” of the property but rather on the reference rental price.
The reference rental price is also now taken into account to assess whether new circumstances or works justify the rental price being increased in the event of successive short-term housing rental contracts within the same nine-year period.
In this regard, the real estate sector has expressed its major concern that the assumption, even more so than previously, is that the reference rents are representative, which may not always be the case.
Substantial and significant quality defects
On 25 January 2024, the Government of the Brussels Capital Region had already issued a list of substantial and significant quality defects which the PHC could invoke.
These include, for example, the lack of an equipped kitchen, a complete heating and domestic hot water system, or the possibility of connecting a washing machine. The fact that the dwelling’s only sanitary facilities are not located in a designated room or are accessible only through the common parts of the building is also considered a substantial quality defect.
Mandatory regional registration of housing rental contracts
Since 1 January 2025, housing rental contracts in Brussels must be registered via the Brussels Capital Region’s online platform IRISrent. For natural persons, registration is also possible at the counter or by mail. More specifically, this concerns housing rental contracts signed since 1 January 2025 or those signed before 1 January 2025, but not yet registered through the federal platform MyRent.
On 3 April 2025, the Constitutional Court ruled that exclusive regional registration of housing rental contracts in Brussels is in breach of the division of powers. Housing rental contracts in Brussels must therefore currently be registered via both IRISrent (the regional platform) and MyRent (the federal platform).
One objective of compulsory regional registration is to collect more data on the housing rental market in Brussels. This will make the indicative grid of rents more representative and accurate. Indeed, the grid is currently still based on outdated and limited data obtained through surveys.
