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Housing

Leases for main residence: requirement to register a lease

WRITTEN LEASES ARE NOW MANDATORY!

CHANGE:

Since 1 January 2007, landlords are required to register leases for buildings intended exclusively for a family or a single person to live in.

WHERE do you have to register the lease? - The relevant Registration Office for the location of the building; for our municipality this is at Spa, Rue Léopold, 4.
The lease, signed by the landlord and tenant, in duplicate, must include the following information at least:

  • the identity of all the parties
  • the date on which the lease takes effect
  • the amount of the rent (rent and charges)
  • the location and description of the building, preferably giving the cadastre and plot number
  • a list of all the premises and parts of the building covered in the lease.

WHEN? : Within 2 months of signing the lease.
Leases in effect before 01.01/2007 which have not been registered must be submitted for registration. A fine of 25€ will be payable on registration.

HOW MUCH DOES REGISTRATION COST? FREE since 01.01.2007 for leases exclusively for residential properties. There is a charge if it is for other purposes, e.g. a shop.

WHAT WILL HAPPEN IF I DON'T REGISTER A LEASE? If it is concluded for a period of more than 3 years and is not registered within the required period, the tenant can terminate the lease without notice.

FROM NOW ON, a written contract will be MANDATORY.

The law of 26 April 2007 on measures regarding leases (MB of 05.06.2007) requires a WRITTEN lease to be drawn up and MINIMUM CONTENT.
This amendment goes hand in hand with the requirement to register leases for buildings intended exclusively for a family or a single person to live in and also with the REQUIREMENT TO APPEND A CONDITION OF PREMISES REPORT to the written lease.
This law came into force on 15 June 2007.

What should you do if either party refuses to draw up a written contract?

If formal notice served by registered letter or bailiff's writ remains without response after eight days, the more diligent party may force the other party by judicial means if it fails to draw up, fill in or sign a written agreement and may request that the ruling be considered equivalent of a written lease.

The judge's jurisdiction is restricted by the prior existence of a verbal contract between the parties.

For more information, consult or contact:

The website of the Ministry of Finance > Publications.

The Contact Centre of the FINANCE Federal Public Service: 0257/257.57 each working day 8.00 - 17.00.

The municipal council's housing service.

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