Empty properties: what to do with vacant houses
It is an offence under the Brussels Housing Code to keep a property unoccupied or use it for purposes other than housing for more than 12 consecutive months.
Unoccupied housing offence
This provision aims to combat vacant properties in the Brussels-Capital Region by encouraging owners to put their property back on the rental market or to consider other options to ensure optimal occupation of the residential housing stock.
Brussels Housing is responsible for identifying properties suspected of being unoccupied, recording the offence and notifying the owner.
The offence may be discovered through an investigation initiated by Brussels Housing or through a complaint filed with this administration. Only the 19 municipalities and associations approved by the Government of the Brussels-Capital Region are authorised to file such complaints.
After identifying a property presumed to be unoccupied, Brussels Housing sends a warning to the owner, who then has 3 months to:
- prove that the property is occupied;
OR - justify the property being unoccupied (e.g. scheduled or ongoing work, a legitimate reason, force majeure).
If there is no response or valid justification within 3 months of the warning being issued, an administrative fine is imposed.
Administrative fine
How is the fine calculated?
The fine is calculated as €500 per linear meter of facade, multiplied by the number of unoccupied floors and the number of years the building has been unoccupied since it was first confirmed to be unoccupied. Unfinished basements and attics are not included in this calculation.
- Example 1:
A building with a ground floor and 3 floors, a facade 5 metres wide and two vacant floors is liable to a fine of €5,000 (€500 x 5 metres x 2 floors). - Example 2:
A completely unoccupied single-family home with a ground floor plus 2 floors and a facade 4 metres wide is liable to a fine of €6,000 (€500 x 4 metres x 3 levels).
Each year, the government may index the amounts based on the consumer price index.
Important!
The fine increases every year until the property is occupied!
Appeals process
A suspensive appeal against the decision to impose the administrative fine may be filed with the delegated official by registered letter within 30 days of the notification date:
Brussels Regional Public Service
Delegated official
Brussels Housing
Housing Legal Affairs Department
Place Saint-Lazare 2
B-1035 Brussels
Public management of the property
If the property remains unoccupied, the owner risks having the management of their property taken over by a public management operator under the public management right.
This operator will refurbish the property and rent it out for a minimum period of 9 years, which may be extended to cover the costs of the refurbishment work.
Available assistance
There are solutions to avoid the administrative fine.
Owners who are overwhelmed by the administrative and financial management involved in renting out their property can entrust it to a Opens in new windowSocial Rental Agency (AIS). This guarantees rental income and property maintenance (see all the Opens in new windowservices and guarantees).
Through Opens in new windowRENOLUTION grants eligible owners can undertake the necessary work to renovate a property that no longer meets housing standards.
Opens in new windowHomegrade offers free assistance to owners for their renovation projects and property improvements.