'Kafkaesque' registration of rental contracts denounced in Brussels

'Kafkaesque' registration of rental contracts denounced in Brussels
Credit: Belga / Kristof Van Accom

The French-speaking Federation of Real Estate Agents (Federia) has criticised the "Kafkaesque" situation surrounding rental contract registration in the Brussels-Capital Region.

The ongoing conflict between the regional and federal authorities remains unresolved, necessitating double registration of new rental contracts in Brussels from January.

Federia has called this "the height of administrative absurdity" and urged authorities to take action, noting that at least 11,000 rental contracts in the real estate sector alone will require double registration.

Under a reform approved in Brussels last April, landlords will soon need to register their rental agreements in a registry managed by the Region. However, the same requirement exists at the federal level.

Brussels State Secretary for Housing, Nawal Ben Hamou (PS), insists the Region has jurisdiction and that the new ordinance exempts leases under the Brussels Housing Code from federal registration.

The Federal Government disagrees and has challenged this by filing for annulment with the Constitutional Court, targeting provisions in the Brussels ordinance that effectively “override” the federal registration requirement.

The Constitutional Court received the appeal in July but has not yet set a date for the hearing.

As a result, Federia regrets that "there is no choice but to proceed with dual registration" from January, to avoid sanctions from either level of government. Federia’s general manager, Charlotte De Thaye, criticised the authorities, stating.

"It’s particularly regrettable that both levels of power seem only interested in collecting rental contract data," and condemned the situation as showing "a complete lack of respect" for citizens.

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