Tenant’s right of first refusal: new legislation in the Brussels-Capital Region

Jean-Marc Delcroix
22 January 2025

A new legislative provision specific to the Brussels-Capital Region came into effect on January 6, 2024. It establishes a right of first refusal for certain tenants when selling a property located in Brussels’ 19 municipalities. This measure, incorporated into the Brussels Housing Code, deserves careful attention from property owners.

Understanding the scope of Brussels regulations

This right applies to tenants who are domiciled in a property within the Brussels Region and hold a 9-year primary residence lease. It allows them, along with certain family members also domiciled in the property, to have priority in purchasing the property.

Certain transactions remain exempt, including sales between family members up to the third degree of kinship, and transfers of undivided rights.

Essential steps for Brussels property owners

The procedure requires formal notification to the tenant by registered mail, detailing the sale conditions. The tenant then has 30 days to exercise their right. Without a response, the owner may proceed with a traditional sale.

An important note: if a third-party purchase offer is lower than the price initially proposed, the tenant must be consulted again, this time with a 7-day response period.

Professional Guidance in Brussels

Real estate agents and notaries are now required to ensure compliance with this procedure within Brussels territory. Our team, based on Avenue Louise and specialized in the Brussels market, guides property owners through this process to ensure smooth transactions that comply with the new provisions.

This evolution in Brussels legislation underscores the importance of expert advice in realizing your property project in the capital. Our advisors are at your disposal to guide you and answer your questions.