New Preference Rights Law in Brussels Real Estate: Buy Cheaper Housing, with Conditions

In opposition, the MR, the N-VA, Les Engagés, the CD&V and the Vlaams Belang voted against the project. The PTB voted in favor of it.

The majority validated certain amendments tabled by Vincent De Wolf (MR), in particular to extend the application of this preferential regime to de facto cohabitants not included in the initial version of the project.

Main reason for the elected officials who voted against: an attack considered excessive on the stability of the real estate market without any guarantee of resolving the difficulties of access to housing in Brussels.

This right of preference will only apply to unfurnished accommodation, which is the subject of a long-term main residence lease. The tenant must also be domiciled there.

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30 days to make an offer

It will not apply to leases concluded for a period of less than or equal to three years; accommodation placed in sublet, shared accommodation or student accommodation lease; when the sale is intra-family, will concern a multi-unit building. This will also not be the case when the sale is carried out as part of a merger or liquidation of a company, or in order to constitute a contribution to a company; when it concerns a sale of bare ownership, usufruct or other real rights, as well as a life annuity sale; nor if the public authority uses a right of pre-emption within the perimeter defined as such where housing is located.

The owner must first inform his tenant of the sale, by registered mail with acknowledgment of receipt.

The buyer will have 30 days to respond to the sale offer.

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If the tenant refuses or does not respond in time, the owner may open the sale to other candidates.

If the accommodation is offered at a more favorable price or conditions than expected to another buyer, the owner or his notary must notify the tenant, who will have 7 days to exercise his right of preference.

The owner must notify the tenant in advance of his decision to sell the property, indicating the price and conditions of the proposed sale, as well as his right of pre-emption. The tenant then has 30 days to accept or not the sale offer. If the accommodation is offered at a more favorable price or conditions than expected to another buyer, the owner or his notary must notify the tenant, who will have seven days to exercise his right of preference.