Squatting in Belgium: legal procedure, prevention and remedies
What to do if your property is illegally occupied in Belgium. Legal anti-squatting procedure, police complaint, justice of the peace, eviction timelines and prevention measures.
- 01 The legal framework
- 02 First steps
- 03 The legal procedure
- 04 The costs
- 05 Prevention
- 06 Key takeaways
Squatting in Belgium: what the law says
Discovering that your property is illegally occupied is a traumatic experience. Yet Belgian law has evolved considerably to protect landlords, particularly with the law of 18 October 2017 which inserted articles 442/1 and following into the Criminal Code.
Before this law, evicting a squatter could take months or even years. The legislator created an accelerated criminal procedure that theoretically allows evacuation within 8 days of the police report.
In practice, timelines are often longer, but the legal framework is now clear: squatting is a criminal offence (trespass), and the landlord has effective remedies.
The law of 18 October 2017 created a rapid evacuation mechanism via the public prosecutor, without going through the civil courts. This is the fastest route to recover your property.
First steps
What to do immediately
- Do not enter by force. This is an unlawful act, even if you are the owner.
- Call the police to record the illegal occupation. The police report is the cornerstone of the procedure.
- Gather proof of ownership: title deed, property tax notice, utility bills in your name.
- Contact a lawyer specialising in property law.
What you must NEVER do
| Prohibited action | Risk |
|---|---|
| Forcible eviction | Criminal prosecution (unlawful act) |
| Changing locks (while squatter is inside) | Criminal prosecution |
| Cutting off water, gas or electricity | Criminal prosecution and damages |
| Threats or intimidation | Criminal prosecution (threats) |
| Removing the squatter’s belongings | Civil proceedings (damages) |
No matter how outrageous the situation, any use of force is prohibited and will backfire before the judge. Only the legal route is permissible.
The legal procedure step by step
Route 1: accelerated criminal procedure (2017 law)
This is the fastest route. It goes through the public prosecutor:
- File a complaint with the police, providing proof of ownership
- Police report drawn up by officers recording the illegal occupation
- Referral to the prosecution service: the public prosecutor decides within 8 days
- Evacuation order: if the prosecution agrees, the bailiff serves the decision on the squatter
- Evacuation: the squatter has 8 days to vacate. After this period, the bailiff carries out the eviction with police assistance if necessary.
Route 2: civil proceedings (justice of the peace)
If the prosecution declines to act (for example in cases of long-term squatting or humanitarian situations), the civil route remains available:
- Summary proceedings before the justice of the peace for the location of the property
- Hearing within 2 to 4 weeks
- Judgment: the judge orders evacuation, possibly with a grace period
- Service by bailiff
- Eviction if the squatter does not leave voluntarily
Comparative timeline
| Stage | Criminal route | Civil route |
|---|---|---|
| Complaint/summons filed | Day 1 | Day 1 |
| Decision | 8 days | 2-4 weeks |
| Evacuation period | 8 days | 1-3 months (grace period) |
| Effective eviction | 2-4 weeks | 2-4 months |
The costs of the procedure
The anti-squatting procedure carries a significant cost for the landlord:
| Item | Estimated cost |
|---|---|
| Lawyer (criminal route) | 500 - 1,500 EUR |
| Lawyer (civil route) | 1,000 - 3,000 EUR |
| Bailiff (service + eviction) | 300 - 800 EUR |
| Locksmith (lock change) | 150 - 400 EUR |
| Cleaning and restoration | Variable (500 - 5,000 EUR) |
| Lost rent | Variable |
The landlord can seek the squatter’s conviction to cover legal costs and damages, but actual recovery is often difficult due to the frequent insolvency of squatters.
For landlords dealing with a problematic tenant (distinct from a squatter), the tenant eviction procedure follows a separate route via the justice of the peace.
Preventing squatting
An occupied property does not get squatted
The best prevention is occupation. An empty property, even temporarily, is a target. Prevention measures:
- Never leave a property unoccupied for a long period without supervision
- Install an alarm system with door-opening detection
- Collect the post regularly (accumulated mail signals vacancy)
- Keep utility connections active (a disconnected meter is a signal)
- Maintain the surroundings (garden, facade) to avoid the appearance of abandonment
During a rental vacancy
Between two tenants, take concrete steps:
- Visit the property at least once a week
- Leave the keys with a trusted neighbour
- Install timed lighting
- Inform the local police of the vacancy
A rental management tool can help minimise vacancy periods by automating the tenant search and reducing transition times.
Key takeaways
Squatting is a stressful but manageable situation if you react correctly:
- Never take the law into your own hands: it is illegal and counterproductive
- Call the police immediately for the report
- Favour the criminal route (2017 law) for rapid evacuation
- Gather your evidence of ownership and all supporting documentation
- Prevent: a supervised and occupied property does not get squatted
The 2017 Belgian law marked a turning point in favour of landlords. The procedure is faster and more effective than before. For any questions about your rights as a landlord, see our guide on the lease agreement and the obligations of the parties.
Frequently asked questions
-
No. The law formally prohibits taking the law into your own hands. Even as the owner, forcibly evicting a squatter constitutes an unlawful act punishable under criminal law. Only a bailiff, on the basis of a judicial decision, can carry out the eviction. The 2017 anti-squatting law has, however, accelerated the procedure.
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Since the law of 18 October 2017, the procedure can be completed in 8 to 30 days if the complaint is filed promptly. The public prosecutor can authorise evacuation within 8 days of the police report. If the prosecution declines, the civil route before the justice of the peace takes 4 to 8 weeks in summary proceedings.
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A squatter has no right to remain on the premises. However, they retain fundamental rights: prohibition of violence, respect for the legal procedure, and in cases of long-term squatting, the judge may grant a grace period to find alternative housing (generally 1 to 3 months). The landlord may under no circumstances cut off utilities.
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