The Brussels government recently approved a draft ordinance to adapt the Brussels Housing Code in order to modify the indexation of rents. Thus, the ordinance institutes a temporary rent indexation regime linked to the energy performance of the housing.
Specifically, the following was decided:
- if the lessor has a EPC certificate class A, B, C or D, he may index the rent according to the conditions of article 1728bis of the Civil Code (so here everything remains as it is);
- if the lessor has an EPC certificate class E, he may index the rent in accordance with the conditions of article 1728bis of the Civil Code by up to 50% of the authorized indexation;
- if the lessor has an EPC certificate class F or G, or if he does not have an EPC certificate, he may not index the rent.
However, the landlord will only be able to index if a double condition is met:
- the landlord must have registered the lease (in accordance with Article 227 of the Housing Code);
- the landlord must have communicated the energy performance certificate of the property to the tenant (in accordance with article 217 of the Housing Code).
The regulation applies to current leases for housing whose anniversary date falls on or after the date the ordinance comes into force. The ordinance has been in effect since Oct. 14, 2022, and is valid for 12 months.
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