Rent legislation was regionalised following the sixth State reform, which means that the calculation of rent indexation can differ from region to region.
Residential lease in Flanders: from 1 October 2023, the indexation of rental properties without an EPC or with a D, E and F label is once again permitted, but according to an adapted formula (correction factor). You will find all the information you need here, plus a calculation tool.
Residential lease in the Brussels-Capital Region: from 14 October 2023, the indexation for rental housing with an EPB certificate E, F and G will once again be permitted, but according to an adapted formula (correction factor). You will find all the information you need here, plus a calculation tool.
Residential lease in Wallonia: the measure limiting the indexation for rental properties without an EPB or with a D, E, F or G label ended on 31 October 2023. You will find here all the information on indexation before and after 1 November 2023.
Residential lease in the German-speaking community: the measure limiting the indexation based on the EPB certificate will end on 31 December 2023. More information is available here.
What is rent indexation?
Every year, on the date on which the contract entered into force, the rent for your accommodation may be adjusted to the cost of living. Until December 1993, this indexation was always based on the fluctuations of the consumer price index. From January 1994 onward, the health index became the mandatory basis.
Which lease agreements are eligible?
| Signed | Written lease agreement | Oral lease agreement |
|---|---|---|
| Before 28th February 1991 |
Indexation if both parties provided this |
|
| Between 28th February 1991 and 31st May 1997 |
allowed |
|
| After 31st May 1997 | allowed except when excluded in agreement | indexation not allowed |
How is the rent indexation calculated?
| basic rent (2) X new index (3) | |
| The indexed rent = | |
| initial index (1) |
| The lease agreement entered into force before 1st January 1984 |
The lease agreement entered into force on or after 1st January 1984 |
The lease agreement entered into force on or after 1st January 2019 for a main residence in the Flemish Region |
||
| agreement signed before 1/01/1981 |
agreement signed between 1/01/1981 and 31/12/1983 |
agreement signed before 1/02/1994 |
agreement signed on or after 1/02/1994 |
agreement signed on or after 01/01/2019 |
| (1) initial index= December 82 (82,54) |
(1) initial index= index of the month preceding the adjustment or entry into force of the agreement in 1983 |
(1) initial index= index of the month proceding the signature signature of the agreement |
(1) initial index= health index of the month preceding the signature of agreemeent |
(1) initial index= health index of the month preceding entry into force of the contract or the rent review |
| (2) basic rent = rent: - set by court order - failing such court order, basic rent used in the calculation of the indexed rent in 1990 - failing this, last rent paid in 1983. |
(2) basic rent = agreed rent | |||
| (3) new index = the (health) index of the month preceding the anniversary of the entry into force of the agreement | ||||
Source: FPS Justice, Brussels Housing Code, Walloon Decree on Housing Leases and Flemish Housing Rental Decree
More information
Following the 6th state reform, rent indexation has become a regional competence. Since 1st January 2018, 15th March 2018 and 1st January 2019, respectively, new regulations on rent have come into force in the Brussels-Capital Region, in the Walloon Region and in the Flemish Region (Brussels Housing Code, Walloon Decree on Housing Leases and Flemish Housing Rental Decree). If these texts do not regulate a particular aspect of tenancy, the federal legislation on leases is applicable (see the brochure on the law on rents published by the FPS Justice).
In concrete terms, only the Flemish Region has modified the indexation calculation. For contracts concluded after the 1st January 2019, the initial index is now the health index of the month preceding the entry into force of the contract, while previously, it was the health index of the month preceding the signature of the lease.
| For questions on the indexation | For questions on legal aspects |
|---|---|
| Statbel (FPS Economy) North Gate - Koning Albert II-laan 16 1000 Brussels Tel. : +32 [0]800 120 33 (9:00 - 17:00) e-mail : ind@economie.fgov.be |
Flanders |