Protection with a registered lease
A tenant with a registered lease is fully protected in case of sale. The new owner must respect the existing lease in its entirety — same rent, same duration, same conditions. The sale does not interrupt the tenancy. Registration with the FPS Finance is therefore essential.
When a property changes hands, the key factor is whether the lease was registered:
| Lease status | Protection level |
|---|---|
| Registered lease | Full — new owner bound by all terms |
| Unregistered, occupancy > 6 months | Partial — 3 months’ notice required |
| Unregistered, occupancy < 6 months | Minimal — immediate notice possible |
Lease registration is free for residential leases and can be done online through MyMinfin. It is the landlord’s legal obligation but the tenant can also register it themselves.
Risks with an unregistered lease
If the lease is not registered, the tenant’s protection is significantly reduced. The new owner can terminate the lease under conditions that vary depending on how long the tenant has been in occupation. Always ensure your lease is registered.
Without registration:
- Occupancy over 6 months: the new owner must give 3 months’ notice and may have to pay compensation depending on the ground for termination
- Occupancy under 6 months: the new owner can potentially give immediate notice, though they must still act in good faith
The burden of proving occupancy duration falls on the tenant. Evidence can include meter readings, domiciliation certificate, or postal records.
Even with a registered lease, the new owner can terminate in specific cases (personal occupation, major renovation) under the same conditions as the original landlord. The notice periods and compensation rules of the applicable regional legislation apply.
What the new owner can and cannot do
The new owner steps into the shoes of the previous landlord. They:
- Must respect: the rent amount, the lease duration, all contractual clauses
- Cannot increase rent beyond the annual indexation
- Can terminate only under the grounds provided by law (personal occupation, major works, without grounds with compensation)
- Must honour the rental deposit arrangements
- Must maintain the property to habitability standards
The tenant does not need to sign a new lease with the new owner. The existing lease continues automatically. The tenant should be notified of the sale and of the new owner’s identity and bank account for rent payment.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 reinforces tenant protection in case of sale. The new owner must respect the registered lease. Termination grounds are strictly regulated.
Walloon Region
The decree of 15 March 2018 follows the same principles. The Walloon decree provides specific notice periods and compensation amounts depending on the termination ground.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 provides strong tenant protection for registered leases. The new owner must respect the lease terms. Termination is possible only under the legally defined grounds.
Article 1743 of the Belgian Civil Code (enforceability of registered leases against purchasers). Regional tenancy legislation (termination grounds and notice periods).