2023-12-26 10:42:00
It’s a small revolution in the Brussels real estate market. If the ordinance voted in the Brussels Parliament is not yet published in the Belgian Official Gazette, it will come into force on January 1, 2024. An ordinance which aims to grant the tenant of real estate a right of preference when said property is placed on sale. “The right of preference is a right given to the tenant to allow him to purchase the rented accommodation before any other person, under the conditions proposed by the lessor, who has decided to sell this accommodation”, explains Olivier de Clippele, notary and president of the Brussels Regional of the National Union of Owners and Co-owners, in the latest issue of Le Cri. “The tenant has a period of 30 days to accept the lessor’s offer from receipt of the notification. If the tenant does not accept this offer or if he lets the 30 day period pass, the lessor can sell the property under the same conditions to any interested person.”
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If the property is then offered to another buyer at a lower price or under more advantageous conditions, the tenant must be informed. He will then have 7 additional days to exercise his right of preference.
However, not all tenants benefit from this right of preference. It is in fact necessary that “the tenant is a signatory of the lease contract and domiciled in the accommodation. Among the other conditions of exclusion from the right of preference, we will point out short-term leases (maximum 3 years) and the prohibition to make assert your right of preference for the sale to a partner or a member of the seller’s family up to the 3rd degree. On the other hand, the text applies to sublet accommodation, student leases, as well as to roommates, provided that the tenant is domiciled there and has assigned the rented property to his main residence. Finally, the tenant is not the only one who can exercise this right, but also the people domiciled with him, such as his spouse, his cohabitant , his children, or his partner’s children.
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Sanctions are also provided for if the seller does not respect this right of preference. And not the least since the tenant can bring a subrogation action once morest the buyer. In other words, the initial purchaser might be replaced by the tenant whose right of preference has been ignored (subject to reimbursement). This action can be brought up to 1 year following the sale. This sanction, although heavy, aims to guarantee compliance with the procedure, and might also penalize the buyer in good faith…
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