Member(s) of Government responsible for this response
Nawal Ben Hamou
Secretary of State of the Brussels-Capital Region, responsible for Housing and Equal opportunities
Response
This proposal is in line with existing
measures or upcoming legislation.
Explanation
A change to the rent indexation system in the Brussels Capital Region came into force on 14 October 2022 for a period of one year, against an economic backdrop in which inflation reached 9.7% due to the war in Ukraine, the highest level since 1975. However, the average rent indexation rate over the past 20 years is 1.67%.
This measure limits the impact that high inflation can have on rent increases.
In practical terms, a link has been made between rent indexation and the energy performance of the property, encouraging landlords who own energy-hungry properties to renovate them, in line with the “Renolution” policy implemented at regional level in line with European targets.
This new indexation system is thus perfectly in line with the programme to accelerate the renovation of Brussels buildings, on the one hand by supporting tenants facing the energy crisis, but also by guiding owners in their aspiration to renovate their property.
- To index the rent, the landlord must comply with two obligations set out in the Housing Code (Articles 217 and 227), namely :
- have registered the lease
- have an EPB certificate for the leased property
- Indexation (Article 224/2 of the Housing Code/Article 1728 bis of the Civil Code) is linked to the energy performance of the leased property:
- If the landlord has an EPB A, B, C or D certificate, he can index the rent;
- If the landlord has an EPB E certificate, he may index the rent up to 50%.
- If the landlord has a class F or G EPB certificate or if he does not have an EPB certificate, he may not index the rent.
https://logement.brussels/nouvelle-methode-de-calcul-de-lindexation-des-loyers-basee-sur-le-peb/
This temporary indexation system applies from 14 October 2022 to 13 October 2023.
Legislative reference:
13 OCTOBER 2022 – Ordinance amending the Brussels Housing Code in order to change rent indexation