In Belgium

Insalubrity (insalubrite / onbewoonbaarheid) refers to a dwelling that fails to meet the minimum health, safety and habitability standards set by regional housing codes. Each of Belgium’s three Regions enforces its own standards.

Brussels-Capital Region. The Brussels Housing Code (Code bruxellois du Logement) sets minimum requirements for structural stability, dampness, ventilation, lighting, heating, sanitary facilities and electrical safety.

Wallonia. The Walloon Housing Code imposes similar standards, enforced through local housing inspections.

Flanders. The Flemish Housing Code (Vlaamse Wooncode) uses a scoring system — a dwelling receiving too many penalty points is declared unsuitable (ongeschikt) or uninhabitable (onbewoonbaar).

How it works

Inspection. The tenant, a local authority or a social service can request a housing inspection. Inspectors assess the dwelling against the regional checklist.

Declaration. If deficiencies are found, the dwelling may be declared insalubrious. In Flanders, it is entered in the inventory of unsuitable/uninhabitable dwellings, and the owner must pay a regional tax.

Consequences for the landlord:

  • Obligation to carry out remedial works
  • Rental ban until compliance is restored
  • Potential criminal prosecution for renting an insalubrious dwelling
  • Liability for the tenant’s relocation costs

Consequences for the tenant:

  • Right to terminate the lease without penalty
  • Right to compensation for the period of impaired habitability
  • Priority access to social housing in some municipalities
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Warning
A landlord who knowingly rents an insalubrious dwelling faces criminal penalties in all three Regions: fines up to 25,000 EUR and potentially imprisonment. In Flanders, an annual tax of up to 5,000 EUR is levied on properties listed as unsuitable or uninhabitable.

Practical example

A tenant in Brussels reports persistent dampness, mould and defective electrical installations. A regional housing inspector visits and confirms 12 deficiencies. The dwelling is declared insalubrious. The landlord receives a formal order to carry out works within 12 months. The tenant obtains judicial termination and 2,400 EUR in relocation costs.