In Belgium

Seizure (saisie / beslag) is a legal enforcement measure through which a creditor takes hold of the debtor’s assets to secure or obtain payment of a claim. In rental law, landlords most commonly use seizure to recover unpaid rent. Only a bailiff can carry out a seizure.

Two main types:

  • Conservatory seizure (saisie conservatoire / bewarend beslag): freezes assets to prevent the debtor from disposing of them. Does not require an enforceable title but requires judicial authorisation.
  • Enforcement seizure (saisie-execution / uitvoerend beslag): allows the creditor to sell the debtor’s assets. Requires an enforceable title.

How it works

Precondition. For an enforcement seizure, the creditor must hold an enforceable title and have served a payment order giving the debtor a final opportunity to pay.

Procedure. The bailiff visits the debtor’s premises, inventories the seizable assets and draws up an official report. The debtor cannot sell, destroy or remove the listed items.

Sale. If the debtor still does not pay, the assets are sold at public auction. The proceeds are distributed to creditors according to their rank (the landlord benefits from a privilege).

Attachment. An alternative form of seizure targeting sums owed to the debtor by third parties (e.g. wages, bank accounts).

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Good to know
Belgian law protects essential household items from seizure: beds, a table, chairs, a refrigerator, a washing machine, cooking equipment and clothing. These items cannot be seized even for rent arrears. The full list is set out in Article 1408 of the Judicial Code.

Practical example

A tenant owes 6 months’ rent (5,400 EUR). The landlord obtains a judgment, which the bailiff serves along with a payment order. After 24 hours without payment, the bailiff visits the apartment and inventories seizable items: a television, electronics and designer furniture. The items are sold at auction for 1,800 EUR. The remaining 3,600 EUR is recovered via attachment of the tenant’s wages.