You are a landlord, and you were planning to increase your rents ? The rules have changed ! You will now have to comply with the new calculation method based on the Energy Efficiency Index of your building.
Soaring energy prices affect us all. To help Belgian tenants, the government has introduced a limit or ban on rent indexation based on the EEI of the property and the region in which it is located.
What is the EEI ?
The EEI is a certificate that evaluates the Energy Efficiency Index of a building. It includes a classification scale ranging from A (very energy efficient) to G (very energy intensive).
The expert who provides you with the EEI uses a calculation method that takes into account different criteria to determine the classification index :
- The surface and volume of the building
- The level of thermal insulation
- The presence of photovoltaic panels or solar water heaters
- The type of windows
- Primary energy consumption for heating
- The presence of a renewable energy production system
- …
What are the new conditions for indexing a rent ?
Rent indexation in the Walloon Region
In the Walloon Region, these measures will be applicable as of November 1, 2022. The limitation of the indexation of rents is established as follows :
- For Walloon homes with a EEI A, B and C certificate: they will not be affected by the application of the measures.
- For Walloon homes with an EEI D certificate: their indexation will be limited to 75% maximum.
- For Walloon homes with a EEI E certificate: their indexation will be limited to 50% maximum.
- For Walloon homes with an EEI F and G certificate: they will be prohibited from indexation.
- For Walloon dwellings without an EEI certificate: indexation will be prohibited.
This measure will not be retroactive and therefore will not apply to indexing requested since January 1, 2022.
Rent indexation in the Brussels Region
In Brussels, the ordinance has already been in force since its publication, i.e. on 14 October, and for a period of 12 months. The limitation of the indexation of the rents is established as follows :
- For Brussels dwellings with a EEI A, B, C and D certificate: they may be indexed in accordance with the conditions set out in article 1728bis of the Civil Code.
- For Brussels dwellings with a EEI E certificate: they may be indexed in accordance with the conditions set out in article 1728bis of the Civil Code up to a maximum of 50% of the authorized indexation.
- For Brussels dwellings with a EEI F and G certificate: they may not be indexed.
- For Brussels dwellings without an EEI certificate: indexation is prohibited.
However, the ordinance provides for 2 prerequisites for indexing a rent :
- The landlord must have registered his lease (in accordance with art. 227 of the Housing Code).
- The landlord must have communicated to the lessee a EEI certificate of the rented accommodation (in accordance with art. 217 of the Housing Code).
Rent indexation in the Flemish Region
The measures taken in Flanders are very similar to those in Wallonia and Brussels.
Other points must also be respected. For example, these measures only concern lease contracts with a date after the date of entry into force of the new text: either after October 14 for Brussels or after November 1 for Wallonia.
According to data from a report dating from 2021 and published by the CEHD, nearly 75% of households in Wallonia will benefit from a rent indexation limit. It should also be noted that more than 30% of them are in housing whose EEI certificate has an index F and G.