I. Registration fees

In our newsletter from 31 August 2022, we had already talked about the changes soon to be made in the computation of registration fees for the purchase of a first real estate property (meaning that they should not be or no longer be real estate owners by the time of their new purchase) located in Brussels, to be used by buyers as their primary residence.

These changes finally came into force on 1 April 2023 (instead of 1 January 2023 as initially intended).

We also wanted to draw your attention to the fact that this new system, which intends to be more favorable to buyers than the previous system, shall only apply to real estate purchases whose provisional sales agreement (“compromis de vente” / “voorlopige koopovereenkomst” / “vorläufige Verkaufsvereinbarun”) has been signed after 1 April 2023. Purchases whose provisional sales agreement was signed before 1 April 2023 and whose Authentic deed was signed after that date do not fall under the terms of the new regulation regarding registration fees in Brussels.

II. Reform of the Brussels Housing Code regarding the documents, which landlords are allowed to demand from prospective tenants

The Brussels legislator has set a list of documents, which landlords are allowed to demand from prospective tenants. The legislator also determined the moment when demands for these documents can be made. In short :

• Before the visit (which may be requested by the prospective tenant)

a) The name and surname of the prospective tenant(s);
b) A means of communication with the prospective tenant.

• In support of the application:

a) The amount of financial resources available to the tenant;
b) The household composition.

• For the purpose of drafting and entering into a lease agreement :

a) Any document certifying the identity of the tenant and his or her capacity to contract ;
b) The marital status of the tenant if he/she is married or legally cohabiting.

Finally, it is specified that a prospective tenant’s personal data may only be retained by the landlord for up to 6 months. If a lease contract is eventually concluded, only then is the landlord allowed to retain the tenant’s data for the whole duration of the lease.

For more information on this matter, please feel free to contact Carole DE RUYT