Pre-emption right for residential tenants in the Brussels Region

On 22 June 2023, the Brussels Government has adopted a draft ordinance amending the Brussels Housing Code (Code bruxellois du Logement/Brusselse Huisvestingscode) to introduce a pre-emption right for tenants whose main residence is offered for sale (the “Draft Ordinance”). Such right aims at ensuring a better exercise of the right to housing enshrined in article 23 of the Belgian Constitution.

If this Draft Ordinance gets approved by the Brussels Parliament, it will impose significant obligations on landlords who wish to sell their leased residential properties.