FAQ — Rent indexation

No, indexation is not automatic. The landlord must make a written request to the tenant. Without a request, they cannot claim the indexed amount.

It depends on the Region. In Brussels and Wallonia, indexation is frozen or limited for properties with a poor EPC (E, F, G). In Flanders, the rules are less restrictive.

Yes, but with limits. The landlord can claim indexation for the 3 months preceding the request (3-month limitation in Wallonia and Brussels, 1 year in Flanders depending on the contract).

Base rent × (new health index / starting index). The base rent is the one agreed in the initial lease. The starting index is the one for the month preceding the signing.

Once a year, on the anniversary date of the lease's entry into force (not the signing date). If the lease entered into force on 1 March, indexation takes place each 1 March.

On the FPS Economy (Statbel) website. The health index is published monthly. Use the index for the month preceding the lease anniversary date.

No, if the indexation is correctly calculated and requested in writing, the tenant cannot refuse it. In case of disagreement on the amount, they can petition the justice of the peace.

In Brussels, properties with an EPC E, F or G are subject to a freeze or limitation on indexation. For EPC F and G, indexation is fully frozen.

Yes, unless the lease states otherwise. Indexation follows the same formula, on the lease's anniversary date. Even for a 1-year lease, indexation is possible.

Indexation takes effect from the written request, not retroactively. The landlord can only claim the indexed amount for the months following the request (with limited catch-up).

Theoretically yes, if the health index drops. In practice, this is extremely rare as the health index is designed not to incorporate energy price decreases.

In Wallonia, leases signed after 1 November 2022 for properties with an EPC E, F or G are subject to indexation limitations. A full freeze applies to EPC F and G.

The tenant can challenge the amount in writing, providing their own calculation. In case of overpayment, the tenant can request reimbursement. As a last resort, petition the justice of the peace.

Yes, the parties may agree not to apply indexation by inserting an exclusion clause in the lease. This clause is legally valid.

No, it is always the initial base rent (from the first lease) that serves as the reference. Indexation is recalculated each year from the base rent, not from the previously indexed rent.