The rules governing the rental surety are specific to the Brussels-Capital Region since each of the 3 Belgian regions has adopted its own rules concerning the residential lease.
In the Brussels region, the region’s housing code has been in force since January 1, 2018. This regional regulation replaces the federal law in force on residential leases.
To discover the specificities specific to the Walloon region, you can read our article dedicated to the rental guarantee in Wallonia. To then understand the new housing rules specific to Flanders, you can read our article on the rental guarantee in Flanders.
The law in force at the federal level of Belgium in terms of residential leases is the law on rents. The last update of this federal law took place during its 14th edition in March 2013.
In recent years, each region has instituted its own regional regulations concerning residential leases. The Brussels-Capital Region has put in place a Housing Code which replaces the federal law on residential leases since January 1, 2018.
The housing code of the Brussels region largely incorporates the main lines and rules of ordinary 9-year leases from the old federal legislation.
The maximum amount is different depending on the type of rental guarantee indicated in the rental lease :
- As part of a bank guarantee obtained directly or with the help of the CPAS, the amount of the bank guarantee must represent 3 months of rent for the rented property;
- As part of a rental guarantee set up on a blocked account, the amount payable by the lessor is a maximum of 2 months rent in Brussels;
- Within the framework of other types of possible guarantees, the law does not set out principles and leaves the agreement of the parties to the contract free. However, it is customary to withhold a maximum of 2 months’ rent in the Brussels region as part of a deposit obtained from a guarantor, for example.
The Brussels Region offers two types of aid to successfully constitute a rental guarantee. These solutions are accessible to people with low incomes and their obtaining process is anonymous in order to fight against discrimination.
Here are the two possibilities offered by the Brussels-Capital Region:
The Housing Fund loan
The Housing Fund of the Brussels-Capital Region offers zero-interest loans as part of the constitution of a rental guarantee. This zero rate loan can represent up to 100% of the amount of the rental guarantee. The zero-rate loan is only granted under certain conditions of resources on the part of the applicant. Indeed, the purpose of the housing fund loan is to help the most disadvantaged. Young people who do not earn more than 28,000 euros net per year can claim a zero rate loan with a 24-month repayment.
The BRUGAL fund
The Brussels-Capital Region also offers another solution to people unable to repay a loan over 24 months: the Brugal fund. This solidarity fund takes care of the payment of the rental guarantee into a bank account in the name of the tenant.
The tenant agrees to reimburse the Brugal fund monthly within the limit of an amount between 5 and 30 euros. The tenant can also appeal to the CPAS on which he depends to obtain his guarantee commitment from Brugal and therefore not to reimburse anything during the term of the lease.
The rental guarantee application e DEPO is offered by the federal administration from their Myminfin Internet portal of the FPS Finances. The e DEPO service allows you to block rental guarantee funds with the Caisse des Dépôts et Consignations.