Flemish housing code and the minimum quality of rental propertie
Flemish living code by Breughel
In order to protect tenants with regard to the quality of the rental property, the Flemish legislator has provided the Flemish Housing Code.
This code imposes a number of obligations on owners with regard to their home or apartment.
If the obligations are not met, there is a risk that the house will be declared uninhabitable and a series of sanctions will follow.
In addition, failure to comply with the provisions of the Housing Code can be criminally sanctioned and in this case the received rents are regarded as an unlawful asset advantage so that they can therefore be forfeited.
In addition, the tenant can oblige the owner to carry out the necessary work or demand the dissolution of the agreement in addition to compensation.
The rental agreement can also be declared null and void, which means that all rent received must be paid back.
It is therefore important to consider the imposed rules.
Moreover, the rules apply regardless of the age of the house or the date of commencement of the rental agreement.
The Flemish Housing Code works with an attestation system that is issued by a home inspector (conformity certificate).
The technical report drawn up by the latter contains a list of possible (visible) defects linked to a number of penalty points.
The deficiencies are linked to the basic safety, health and housing quality requirements:
- The surface area of the living areas,
- The sanitary facilities,
- Safety and heating capabilities,
- Lighting and ventilation options,
- Safety and electricity,
- Safety of gas installations,
- Stability and building physics,
- Accessibility,
- Fire safety,
- Minimal energetic performance and clean drinking water.
A number of penalty points will be awarded for each fault marked, with a category I fault for 1 penalty point (eg Limited damage or weathering of the interior or exterior walls), a category II fault for 3 penalty points (eg Non-general rising damp in the outside wall, insufficient ventilation or insufficient natural light), a category III deficiency for 9 penalty points (e.g. general moisture problems) and finally a category IV deficiency for 15 penalty points (e.g. an indication of serious risk of CO poisoning, indication of a serious risk of explosion or fire).
At the end of the report, the total penalty points for the home are added up to provide an objective picture of the physical quality of the home.
Although the certificate of conformity is not required in itself to rent out a house or apartment, it may be appropriate and will also provide security between the parties.
As an owner, it is therefore best to request a certificate of conformity before proceeding with renting.
Applying for a certificate can be done by registered letter or by letter against receipt addressed to the mayor and aldermen of the municipality where the house is located.
A copy of this certificate must then be sent to the tenant together with the rental agreement.
The certificate is valid for 10 years.
This can of course be withdrawn when the home no longer meets the safety, health and housing quality standards.
The conformity investigation can therefore be requested from the mayor on the landlord's own initiative, but can also be carried out on behalf of the mayor himself. The application can also be made by the usufructuary, leaseholder, building owner and of course the tenant.
A procedure for unfitness or uninhabitability can also be initiated by the municipal council, the chairman of the Council for Social Welfare, the regional civil servant, a social housing organization, the health inspector or housing inspector and anyone who demonstrates an interest (e.g. the resident or neighbor).
The home inspector will investigate the property. Furthermore, in some municipalities, advice must also be obtained from the regional official and in any case the owner is heard.
Within thirty days the decision of the mayor can be appealed to the Flemish Government.
This decision of the Flemish Government can then still be appealed to the Council of State.
Rooms and student rooms must also meet the basic quality and safety standards. If not, the room will be uninhabitable.
In addition, separate regulations apply here that must be met.
It is best for an owner to check with his municipality as the municipalities can impose stricter measures. For example, a number of municipalities have now made a conformity certificate mandatory: Aartselaar, Boechout, Boom, Borsbeek, Edegem, Hemiksem, Hove, Kontich, Lint, Mortsel, Niel, Rumst, Schelle, Zwijndrecht.
But also the validity of the conformity certificate (normally 10 years) is in some cases limited by some municipalities to 5 years.
If you nevertheless wish to rent out your apartment without the essential safety, health and living quality requirements being met, this can only be done in one way, namely through a renovation lease agreement.
If you would like more information about this agreement and the Flemish Housing Code or rental in general, you can always contact us. Changes have been voted which will become effective from 1.1.2021.