On June 22, the Brussels government gave the green light to a draft ordinance aimed at giving tenants a preferential right when the owner intends to sell the property they occupy.

In future, landlords intending to put their property up for sale will not only have to inform their tenants by registered letter or bailiff’s notice, as it has been the case until now, but they will also have to inform them of the price and conditions of the sale, as well as the existence of a preferential right in their favor to purchase the leased property.

The tenant has 30 days to respond favorably or unfavorably to the owner’s offer to sell. In the event of refusal or failure to respond within this 30-day period, the owner may offer the property for sale to a third party or put it up for public sale.

A new 6-day preferential right is given to the lessee (notified by the owner or his notary) if a more favorable price or sales conditions are granted to a third-party buyer.

Notaries and real estate agents will be obliged to check that the owner complies with these new rules.

This new preferential right is limited exclusively to long-term leases of principal residences (9 years or more). Are also excluded sales between members of the same family (parents, allies or cohabitants up to and including the 3rd degree), sales carried out as part of a merger or liquidation of a company, or a contribution in kind to a company, the sale of bare ownership or usufruct, and life annuity sales.

In the event of non-compliance with this new preferential right, the aggrieved lessee will have a period of one year during which he can request the cancellation of the sale to a third-party buyer. The owner may also hold the notary and/or estate agent liable if he or she considers that they have failed in their duty to advise.

Should you have any further questions about this preferential right, please do not hesitate to contact Mrs Carole DE RUYT.