The rules governing rental guarantees have changed in recent years in Belgium. Since 2018, the three Belgian regions have defined their own rules concerning residential leases. From now on, regional rules prevail over federal laws. In terms of rental guarantees, each of the 3 regions has its own rules. The maximum legal amount that will be requested for the rental guarantee will depend on the region. This guarantee is not required by law, but most main residence contracts provide for it.To discover the specificities specific to the Brussels-Capital region, you can read our article dedicated to the Brussels rental guarantee.To 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 in its 14th edition in March 2013. In recent years, each region has instituted its own regional regulations concerning the residential lease. The sixth reform of July 1, 2014 concerning the regionalization of residential leases also concerns rental guarantees. The application of regional rules since 2018 in Wallonia has been carried out on the basis of its new Housing Code which prevails over the federal law concerning the rules of residential leases.
The maximum amount is different depending on the type of rental lease.
It will depend on the lease that binds the lessor and the tenant. Depending on the type of guarantee chosen, you will be asked for 2 months to 3 months (maximum) of rent excluding charges.
- When it comes to a CPAS bank guarantee, or a classic bank guarantee, whatever the region, 3 months’ rent will be requested as a rental guarantee;
- As part of a rental guarantee established on an individual account, the amount requested by the lessor is a maximum of 2 months’ rent;
- In the context of other types of possible guarantees, the law does not set out principles and leaves the agreement of the parties to the contract free. It is customary to withhold a maximum of 2 months rent in Wallonia as part of a guarantee obtained from a guarantor.
Wallonia offers two main types of aid to successfully constitute a rental guarantee. These aids are obviously reserved for people with low incomes. Here are the aid possibilities offered by Wallonia:
The zero rate loan
Since May 2021, Wallonia has been granting zero-interest loans to constitute the rental guarantee for main residence leases. 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.
Assistance from the CPAS
The CPAS offers its assistance in Wallonia in different forms to constitute the rental guarantee. This assistance from the CPAS takes the form of an advance of the rental guarantee to be reimbursed as and when the letter of guarantee for the owner, or even a bank guarantee.