New mechanisms to strengthen the fight against unoccupied homes

The Public management right has been in existence since 2003. In particular, it enables municipalities and Public Centres for Social Welfare (PCSW) to temporarily take over the management of unoccupied or unfit housing in order to renovate it and rent it out at a reduced rent for nine years, with the renovation costs reimbursed from the rents received. Public management rights can be exercised voluntarily, with the agreement of the property's landlord, or forcibly, when the landlord is negligent.

The procedure for activating the public management right has been clarified and strengthened so that each stage of the procedure is not only accessible to public management operators but also comprehensible to landlords likely to be affected by the measure.

A landlord can only take over the management of their property in advance after:

• the full reimbursement of the balance of the costs incurred by the public operator in taking over public management (procedures and renovation work);
• and the signature of a lease by a first tenant at the AIS rate to guarantee the property's return to the market.

The rent is in line with the AIS rent for the duration of the public management. Even in the event of early repossession of the property, the rent is regulated for nine years from the date of the takeover.

The public management operator will have the right of first refusal on the property placed under public management throughout the rent control period.

Brussels Housing has set up a multi-disciplinary team (lawyers, architects, works managers, etc.) to support public management operators (municipalities, PCSW) in their actions to put unoccupied homes back on the market (taking over public management, cessation action, right of first refusal, expropriation). Brussels Housing will also be able to initiate cessation actions and make use of the public management right.

As part of the housing contracts, each municipality will also have one FTE financed by the Region to put these homes back on the rental market.

The distribution of the proceeds from fines imposed for unoccupied housing is also being reviewed, to fund the "public management right" fund, which provides loans to public management operators to renovate the properties they manage.

Alongside this new "Rehabilitation" Unit, the "Control" Unit of the Regional Unoccupied Homes Service will continue its work to identify homes presumed to be unoccupied.

If the property is indeed unoccupied, it will be added to a regional inventory of unoccupied homes, also provided for in the new order, and will be subject to the opening of an administrative sanction procedure.

This procedure has also been adapted to include new criteria for presuming vacancy, and to specify the means of defence in a warning for vacancy is received.