Brussels has one of the country's most competitive real estate markets, forcing tenants sometimes to accept higher-than-average rents to secure housing in the capital.
In Brussels, where real estate demand exceeds supply, tenants face rising pressures in one of the country's most competitive housing markets. Securing a flat in the capital often means accepting rents that far exceed the average, even if the law provides some protection against abuse. So, when does a rent become 'excessive' ?
The 20% rule
Under Brussels regulations, rent is considered 'excessive' if it exceeds the reference rent by more than 20% or if the property has major quality defects, such as a lack of private sanitary facilities, kitchen equipment, or individual water and electricity meters.
The loyers.brussels online tool, created by the regional government, allows tenants to compare their rent with this reference framework. If the amount paid is significantly higher, the tenant can request an official re-evaluation and even pursue a reduction in court.
Yet as State Secretary for the Brussels-Capital Region, responsible for Housing and Equal Opportunities, Nawal Ben Hamou admits, "No, it’s not sufficient, but it’s a step in the right direction." She emphasises that the rent grid is only part of a larger protective effort embedded in Brussels' Housing Code. Other measures include a ban on rent increases between consecutive short-term leases, a common practice used to bypass rent control informally.
Exceptions to the rule
The 20% threshold isn’t absolute. Exceptions apply for properties that boast significant added value, such as 4 façade houses, homes with solid wood floors, or those in green, quiet neighbourhoods. Landlords may legally charge higher rents in such cases, provided they can demonstrate the added value.
Ben Hamou says that while the reference rent grid remains indicative, recent reforms have strengthened its legal weight: "Since 1 May, a Justice of the Peace can compel a landlord to revise the rent if it is deemed 'excessive' in light of the grid."
While not binding by default, the tool has evolved into a legal benchmark, providing leverage for tenants who take their case to court. Still, this reliance on individual legal action burdens tenants, many of whom lack the knowledge or resources to pursue such cases.
An apartment building. Credit: Belga
Awareness lags behind
Organisations such as the Commission Paritaire Locative (CPL) and various Tenants’ Unions offer free assistance. However, awareness remains low. The CPL issues non-binding opinions that can help build a legal case, but does not have the power to enforce rent reductions.
"The information about tenants' rights, especially when new rules come into effect, is shared through the press, awareness campaigns, and directly via the regional housing administration," explains Ben Hamou. The region’s platform, Bruxelles Logement, also provides direct support online and by phone, and works alongside 47 housing support associations (AIPLS) that help vulnerable tenants navigate the system.
While Brussels has taken notable steps to regulate the rental market, its rent grid remains a recommendation, not a rule. Legal recourse exists, but it depends on tenants’ initiative and understanding of the system, and most remain unprotected in the face of rising costs.
Brussels Secretary of State for Housing Nawal Ben Hamou (PS). Credit: Belga / Nicolas Maeterlinck
Ben Hamou defends the grid as a tool 'to preserve the balance between landlord and tenant', but stops short of endorsing blanket enforceability. Critics argue that the housing crisis will continue to deepen in the absence of mandatory rent caps, especially for those with limited means.
Without stronger regulations – or a significant public investment in housing stock – the line between a legal rent and an 'excessive' one may remain blurred for the many Brussels residents struggling to keep a roof over their heads.
Brussels has one of the country's most competitive real estate markets, forcing tenants sometimes to accept higher-than-average rents to secure housing in the capital. But what about the property owners?
Detached from Reality
While the Brussels Government continues to promote its reference rent system as a tool for fairer housing, property owners argue the grid is fundamentally out of touch with market realities.
According to the SNPC (National Union of Property Owners), the indicative rents are published on the official website. The Brussels platform is "far too low compared to actual rents being charged across Brussels."
For example, the reference rent for a one-bedroom, 60-square-metre flat on Rue du Prince Royal in Ixelles is set at €741 per month, while a comparable flat on Avenue Messidor in Uccle is estimated at €798. "That’s completely disconnected from what the market dictates," the union insists.
As a result, tenants often end up paying far more than the official reference amount – sometimes by several hundred euros.
Olivier de Clippele, President of the Brussels branch of the SNPC, told La Libre that the whole system is complete nonsense. According to their calculations, the difference in rent between a high-pressure area like Chaussée de Gand in Molenbeek and an upmarket neighbourhood like Uccle is less than €185 per month, when the difference is well over 50%.
Are You Affected?
To illustrate how the system works in practice, take the example of a 65-square-metre one-bedroom flat in the centre of Watermael-Boitsfort. The property dates from before 2000, has an E-rated EPC certificate, no double glazing, and comes without a garage.
According to the reference grid, the indicative rent range is between €734 and €898 per month. However, the rent being charged is €1,200 (utilities excluded)—more than 30% above the upper limit of the reference range.
Under the new Brussels ordinance, such a rent is presumed excessive, exceeding the reference value by over 20%.
In these cases, tenants can contact their landlord to request a rent reduction. They may also seek advice from the CPL or take the matter to the justice of the peace.
Towards a new rent index?
While the reference rent tool remains unchanged, pressure for reform is mounting.
The SNPC has called on the next Brussels Government to completely overhaul the system by basing it on actual tenancy agreements registered from 1 January 2025 onwards.
With Brussels rents continuing to rise and disputes mounting, the future of the reference grid is likely to be a key battleground in upcoming housing policy debates.
