Real estate legislation, rules and urban planning information
Tenancy legislation
For lease agreements concluded after 1/1/2019, regional regulations apply. For properties in Flanders for which a lease agreement was concluded before 1/1/2019, the federal legislation in force at the start of the contract remains applicable. For all rental properties in Brussels and Wallonia, regional legislation applies.
Tenancy legislation in Flanders (website)
Website of the Flemish government with information on the Flemish Lease Act, in force for residential lease contracts concluded from 1/1/2019.
Tenancy legislation in the Brussels Capital RegionGewest (website)
Website of the Brussels government, with information on the Brussels tenancy legislation, in force since 1/1/2018
Tenancy legislation in Wallonia (website)
Website of the Walloon government, with information on the Walloon tenancy legislation, in force since 1/9/2018
The Federal Lease Act (applicable to homes in Flanders with a lease agreement concluded before 1/1/2019)A brochure from the Federal Public Service of Justice, on the lease law applicable to lease agreements for residential properties.
Discrimination in the housing market (webpage + pdf)
Webpage and information brochure from Unia.
Smoke alarm legislation
Smoke alarm legislation in Flanders (website, PDF)
Website of the Flemish government, with information about the smoke alarm obligation in Flanders.
Smoke alarm legislation in the Brussels Capital Region (website)
Website of the Brussels government, with information about the smoke alarm obligation in Brussels.
Maintenance obligations for heating installations
Maintenance obligations for heating installations in Flanders (government website)
Summary of the maintenance obligations for the different types of installations.
Maintenance obligations for heating installations in the Brussels Capital Region (government website)
Summary of the maintenance obligations for the different types of installations.
Additional information about the mandatory inspection of gas installations in Brussels can be found on the Sibelga website, the Brussels network operator
Maintenance obligations for heating installations in Wallonia (government website)
Summary of the maintenance obligations for the different types of installations.
Registration duties ("sales rights")
Registration duties in Belgium
Website of the federal public service of Finance, with information on the registration duties in the three regions.
Changes in sales tax from January 1, 2022
Due to the rise in property prices in Flanders, it is becoming difficult for many people to buy their first property. The Flemish government wants to address this by reducing the registration tax on a sole primary residence. In return, the registration tax will increase for the purchase of a second property and the portability will disappear. With specific transitional provisions, the new scheme will be favorable to as many buyers as possible.
Mandatory disclosures in sales
Abbreviations for urban planning information
The Spatial Planning Act of May 18, 1999 states that each municipality is required to create a plans and permits register. If a municipality has such a register, advertisements for properties and land in those municipalities must include urban planning information.
Flood-prone areas and the information obligation in real estate advertisements (PDF)
Real estate advertisements must indicate whether homes and land are located in flood-prone areas. A distinction is made between effectively flood-prone areas and potentially flood-prone areas. Effectively flood-prone areas are areas that have recently flooded or where models indicate flooding occurs every 100 years or more frequently. Potentially flood-prone areas only flood in very extreme weather conditions or in the event of a water barrier failure, such as a dike breach. The above brochure contains more information on this topic.
Inventory of Architectural Heritage
On September 14, 2009, the Flemish Institute for Immovable Heritage (VIOE) established the Inventory of Architectural Heritage for Flanders. For properties listed on this list, even minor interventions require a urban planning permit. The list consists of about 66,000 protected and unprotected buildings. The full list can be found on the website of the Flemish Institute for Immovable Heritage, via the above link.
Permit and notification requirements
Planting a hedge or felling a tree: do you need a permit?
Information on the website of the Flemish public service for Spatial Planning. For questions about a specific situation, you can contact the Urban planning department of the municipality of Tervuren
Urban planning permit, notification or exemption
Since December 1, 2010, you no longer need to request a permit from the municipality for certain minor construction works. This government brochure explains when a permit is required, when a notification suffices, and which works you may carry out without a permit.
Second residence tax
Tax on second residences in Leuven (website of the city of Leuven)
Webpage of the city of Leuven regarding the second residence tax for non-students and tenants not domiciled in Leuven.
Living in weekend cottages in Flemish Brabant (website)
On October 8, 2013, the Flemish government approved the provincial spatial execution plan for clusters of weekend residences, campgrounds, and residential caravan sites in Bertem, Bever, Halle, Holsbeek, Huldenberg, Kortenberg, Lennik, Leuven, Scherpenheuvel-Zichem, Sint-Pieters-Leeuw and Ternat. This puts an end to the uncertainty owners and residents have faced in recent decades.
Smoke alarm legislation in Wallonia (website, French)
Website of the Walloon government, with information on the smoke alarm obligation in Wallonia