The Professional Institute of Real Estate Agents (BIV) opened 847 files on possible illegal real estate last year – an increase of more than 15% compared to 2023, according to the BIV's annual report published on Wednesday.
Reports came from consumers, real estate agents and through investigations by private detectives. According to BIV chair Patrick Boterbergh, the increase is mainly due to BIV's more efficient IT. "Due to digitalisation, the administration has become more efficient, which gives our private detectives more room to act proactively," he said.
If, after investigation, it turns out that there is no illegal practice, for example, because the syndic turns out to be a co-owner or because a person involved is employed as an employee in a real estate agency, the case is closed. This was the case for 577 files last year.
However, if a practice does turn out to be illegal, the activities must be stopped immediately. If this does not happen, the BIV will take legal action. In just under 5% of the files in which problems were found, there was a case of fake brokerage, and the BIV went to court.
Credit: Belga
Last year, 12 convictions were obtained in this way, all in favour of the BIV. This means that one fake real estate agent was removed from the market every month on average, according to the BIV. The fake agents were obliged to cease their illegal activities, often coupled with penalty payments of up to €5,000 per infringement per day.
For the BIV, the detection and tackling of fake real estate agents is a priority. Boterbergh wants to increase BIV's efforts in this regard in the future, including through the use of artificial intelligence (AI).
"These illegal practitioners must be done away with, in the interest of the consumer and for the image of the profession," said Boterbergh.
More checks, fewer violations
Meanwhile, BIV also carried out more proactive checks on real estate agents last year, but found fewer violations.
Last year, 695 proactive checks were carried out – an increase of 17%. In 174 cases, violations were found and the real estate agent was asked to comply (compared to 247 checks a year earlier). Less than 10% had to answer to the disciplinary chamber.
"These awareness-raising, proactive checks clearly appear to be working," said Boterbergh. "We have found that almost all members comply with their obligations and therefore consider this a positive story."
During the proactive checks in the real estate offices, numerous matters are checked, such as the training obligation, the existence and transparency of the third-party account, the correct display of the rates in the shop window or the mandatory information on the website.
Credit: Belga/ Nicolas Maeterlinck
Last year, the BIV opened 1,405 disciplinary cases based on complaints or random checks. Most complaints turned out to be unfounded or fell outside the BIV's authority.
However, severe sanctions were imposed in 177 cases: 40 real estate agents are no longer allowed to practice the profession and were removed from the register, and 137 members were given a temporary suspension. In 2023, 30 were removed and 160 were suspended. People who have been struck off or suspended under disciplinary law are also no longer allowed to work as employees in the sector.
The Professional Institute of Real Estate Agents was established in 1993 by the Federal Government to regulate and monitor the profession of real estate agents. Only those who are recognised by the BIV are allowed to practice the profession and bear the title of real estate agent. At the end of 2024, there were 10,922 real estate agents in Belgium.
