infraction et régularisation urbanistique

Landlords: how to check the conformity of a rental investment in Belgium?

Antoine HORENBEEK

Investing in rental property can be risky. Landlords have a legal obligation to ensure that the property is in good condition. This involves checking key documents and the condition of the property.


Check legal documents


Make sure all paperwork is complete and valid. Check every document to ensure legal compliance.


Title deeds


A title deed is essential to prove that the seller is the owner of the property. It must be clear and detailed. This document specifies the address, lot boundaries and rights associated with ownership.

Check that there are no disputes or restrictions such as servitudes or mortgages.


Ask for a recent copy of this document before making any purchase. Compare the information with that recorded in the land register to avoid surprises. A missing or inconsistent title can complicate future rentals or resales.


Certificate of conformity


To guarantee a compliant rental investment, a certificate of conformity is essential. This document certifies that electrical and gas installations comply with safety standards.


In Belgium, it is mandatory for all rental properties, especially in regions like Brussels. A non-compliant electrical installation can lead to fire hazards or accidents.


The owner must obtain this certificate before renting out the property. An approved professional carries out an inspection and issues the document if everything is in order. Without this precious document, the property could be deemed uninhabitable.


It is therefore crucial to check that this certificate is included in the rental file. This protects both the lessor and the lessee.


Check condition and standards


Carefully inspect the home for any visible problems. Check that all installations comply with current regulations.


Health and safety


Make sure your home meets safety standards, such as the installation of a smoke detector.


Check the condition of your electrical and heating systems. These are essential to avoid accidents and ensure a safe home.


Check the property's health. Walls, floors and ceilings should be free of moisture and mold.


Access to drinking water and a sanitary system in good condition are also important criteria for a decent rental.


Glazed surfaces must also be large enough for living areas, as defined in the regulations.


Antoine HORENBEEK

Energy compliance


The PEB certificate is essential for any rental property. It indicates the property's energy performance. A poor rating can reduce its attractiveness to tenants. Check that the diagnosis is up to date, as legislation changes regularly.


In Belgium, this document is mandatory for all rented properties. An energy-efficient property limits costs and attracts serious tenants.


Renovation may be necessary to meet standards. Insulating walls or replacing windows improves the home's efficiency. Such work also increases the value of the property investment.


Meeting these requirements reduces legal risks and guarantees stable rental income.


On a similar subject:

Landlords: standards for renting an apartment in Belgium


Examine division and cadastre


Check that property division complies with local regulations. Make sure that each lot is clearly defined and registered with the land registry.


Verification of cadastral lots


Verification of cadastral lots is an important step for any real estate investor. It guarantees that the property is legally compliant and correctly registered.


  • Consult official cadastral maps. These documents show the exact position of land or buildings. Check that your property is correctly shown with its precise boundaries.
  • Make sure that the cadastral lot corresponds to the deed of sale. Differences can cause legal problems.
  • Examine the common shares if you are buying a condominium. Confirm their distribution and your right of access or use.
  • Analyze the current divisions of the property. If the property has been divided without authorization, this may invalidate legal compliance.
  • Contact the local authorities to check the cadastral allocation of the lot. This determines whether the property can be used as a principal residence, commercial premises or other.


A detailed check of cadastral lots helps to identify the correct use of each space, which is essential to avoid any regulatory conflicts.


Lot destination


Make sure that each lot complies with its intended use. A residential lot cannot be used as commercial premises without authorization. Check the condominium bylaws, which detail the uses authorized for each part of the building.


Misuse can lead to sanctions or legal disputes. You should also check the clauses of the rental contract to ensure compliance with legal provisions and avoid disputes with tenants.


Consult local regulations


Find out about local regulations before you rent. Some laws may restrict your plans or impose strict conditions.


Town planning rules


Planning regulations dictate what you can build or modify on a plot of land. They ensure that your investment complies with local planning regulations. Consult the regional and communal codes to check which areas can be built on, what height restrictions apply and what materials must be used.


Non-compliant work can result in penalties or substantial adjustment costs. Each commune may have its own specificities, so be sure to analyze them carefully before taking any action.


Certain zones prohibit specific developments, such as the abusive division of a dwelling. This has a direct impact on habitability and rental yield. Such a situation can be qualified as an urban planning infringement, which exposes the owner to administrative sanctions, or even a rental ban until the situation is regularized.


You should also check the rules governing change of use, especially for tourist rentals. Failure to comply could render your project illegal and have a lasting impact on rental profitability.


Restrictions on tourist rentals


Some cities impose strict rules on tourist rentals. These restrictions are often aimed at preserving the supply of accommodation for permanent residents.


Highly frequented tourist areas may also require specific authorization or a change of use for rented properties.


Property owners should check the local town planning guide. This document may define limitations on real estate use, including short-term rentals.


Failure to comply may result in substantial financial penalties. Make sure you're in compliance to avoid any administrative or legal problems.


FAQ


How do you check the conformity of a property before letting it out?


Inspect the property to ensure that it is decent and meets safety, health and maintenance standards. Also check the technical installations and draw up a statement of compliance.


How do you assess the profitability of a rental investment?


Calculate the ratio between rent received and property management costs, such as repairs, maintenance or real estate agency fees. Also take into account rent indexation and taxes.


Why is it important to choose a good rental management agreement?


A well-defined mandate guarantees efficient management. It includes the term of the lease, the property manager's obligations and the services offered, such as monitoring repairs or managing unpaid bills.


What can be done to optimize the management of an investment property?


Entrust the management of your property to an estate agent or specialized real estate agency. They can keep the property in good condition, manage existing tenancies and meet legal obligations.


What risks should be avoided to ensure a secure real estate investment?


Make sure that the local market is favorable, that the property meets all legal standards, and that you choose reliable tenants to limit the risk of unpaid rent or legal disputes.


Author : CORNIL Olivier

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