Brussels property owners are challenging a recent trend of fines issued by the city for unoccupied properties, and in one case, successfully overturned a €52,150 penalty due to a procedural oversight. The case underscores the growing scrutiny of housing regulations in the Belgian capital, where homeownership rates remain low.
The dispute centered around a building deemed unoccupied for more than twelve consecutive months, as defined by the Brussels Housing Code. A delegated official inspected the property on July 14, 2023, and determined the upper floors were not being used for residential purposes. Based on this finding, the city issued the administrative fine to the property owners.
After repeated exchanges with regional authorities, the official confirmed the fine on December 21, 2023. The owners then sought legal counsel from Rym Hadabi and Richard Vanwynsberghe, who filed an appeal with the Council of State. Even as several arguments presented by the legal team were rejected, one proved successful: the official who made the initial determination had not been sworn in for the role at the time.
“On several occasions, we asked the Region to provide proof that the official had been sworn in at the time of the inspection,” explained attorney Richard Vanwynsberghe. “The Region always told us that he was, without providing any proof.”
In a ruling delivered on December 19, the Council of State requested the Region provide evidence of the official’s oath of office within 60 days. The Region complied on January 8, revealing that the official hadn’t actually been sworn in until November 24, 2023 – nearly three months after the initial inspection.
“This person was therefore not sworn in at the time of the inspection and was therefore not competent to do so,” Vanwynsberghe stated.
The Region argued that the official had been definitively appointed to the position on December 25, 2022, with an effective date of June 1, 2022, and that oaths of office are only organized once or twice a year, suggesting the date of appointment should accept precedence over the date of the oath.
However, the Council of State disagreed, stating, “Inspectors of the Regional Service for Unoccupied Housing are legally required to take an oath in this capacity. It is at the time of the oath that the agent, who thus accepts his appointment in this capacity, takes office. The possible absence of an oath […] affects the competence of this agent and, the legality of the reports he establishes.”
the fine was completely overturned, and the property owners will not have to pay the €52,150 penalty. The Region is also responsible for covering court costs, totaling €816. The case could encourage other property owners facing similar issues to pursue legal action, as the official was potentially unqualified to issue fines for nearly 15 months – from June 1, 2022, to November 24, 2023.
The ruling comes as the new Brussels coalition government promises incentives for landlords who apply the reference rent, and amid broader concerns about a potential increase in rents, according to recent reports.
Recent changes to housing laws in Brussels, including those enacted in the first half of 2023, aim to reduce evictions and protect tenants, particularly during the winter months.
