2024-04-20 09:50:00
The Brussels Parliament gave the green light on Friday to the registration, by the Region, of residential rental leases. This project by Secretary of State for Housing Nawal Ben Hamou (PS) might be the subject of an appeal to the Constitutional Court, at the initiative of Federal Minister of Finance Vincent Van Peteghem (CD&V).
On Friday, Ms. Ben Hamou questioned the merits of this approach. In the background of this project supported by the majority, but also by the PTB, there is the desire of the Brussels government to create a centralized database allowing a faithful image of the rental market. This objective has become all the more pressing since the adoption of the ordinance establishing the joint rental commission. The entry into force of the rent revision provided for in this context is conditional on an in-depth revision of the rent scale.
However, justified Nawal Ben Hamou, this condition cannot be achieved through field surveys alone. Administrative data must also be used to ensure the representativeness of the grid. It was planned to obtain this data via the MyRent platform, managed by the FPS Finances. But this option unfortunately proved impractical because the data extracted from MyRent turned out to be “largely insufficient and incomplete”. Furthermore, it appeared that Myrent was not willing to commit the human and technical resources necessary to adapt its software to the needs of the Capital Region. According to Ms. Ben Hamou, the Council of State has at no time called into question the legality of a Brussels registration.
Still according to the Secretary of State, it emerges from an in-depth legal analysis of the questions of the distribution of powers and the effects of the legislation that “the Region is indeed competent to establish its own system for registering residential leases as well as to regulate the civil effects of this registration, including when the third party to the lease contract is the federal tax administration“. The basis for this interpretation dates back to the lease reform in 2006-2007 when residential leases still fell under federal jurisdiction. During this reform, the federal legislator made the written lease compulsory and the registration of the contract compulsory, but free.
In opposition, N-VA which voted once morest, like the MR and Belang, criticized this device, which like other initiatives of the Vervoort government in terms of Housing, “will disrupt the market” and will constitute an “attack on more to the rights of owners”.
Belgian.
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