2023-11-09 08:48:00
After two vain formal notices to take the necessary measures to occupy his property, the owner did not appear at the judgment and was therefore convicted in default.
The judge can in fact order that “the holder of a real right to the housing takes all useful measures to ensure occupation within a reasonable time.” The owner did not respect his “obligation to carry out work allowing the occupation of the home”.
As a result, the court of first instance obliged the owner to stop the vacancy of his property. The decision is accompanied by a penalty in order to exert the necessary pressure for it to be respected: 100 euros per day of delay (with a maximum of €100,000.)
This route to trial is a first for the region. Some municipalities had already followed it but very rarely. However, the legal tool dates from 14 years ago. Until now, fines were often preferred to this more onerous procedure. However, the region is especially the Secretary of State for Housing Nawal Ben Hamou (PS) want to send “a strong message to the owner.” Other similar procedures should follow, we slip on.
The owner can still appeal the decision.
According to Nawal Ben Hamou’s office interviewed by our colleagues from Le Soir, as of October 30, “554 unoccupied housing files were the subject of a warning being sent to the owner for the year 2023. On the same period, 214 files were subject to an administrative fine following the sending of a warning to which the owner did not respond or did not validly justify the vacancy, namely by a case of force majeure , legitimate reasons or the carrying out of work.”
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