Squatters in Belgium: rights and eviction procedure
What to do about squatters in Belgium? Legal eviction procedure, 2017 anti-squatting law, landlord's rights, and timelines.
The anti-squatting law in Belgium
The law of 18 October 2017 strengthened the protection of landlords against squatting in Belgium. It criminalises the occupation without right or title of a property and facilitates rapid eviction.
What the law says
| Element | Detail |
|---|---|
| Offence | Occupation without right or title of another’s property |
| Criminal sanction | 8 days to 1 month imprisonment and/or fine |
| Fast-track procedure | Petition to the justice of the peace (72 hours - 2 weeks) |
| Criminal procedure | Via the public prosecutor |
Distinction between squatter and defaulting tenant
A squatter is a person occupying a property without any title (no lease, no agreement). A tenant who does not pay rent is not a squatter: they must be evicted via the standard procedure.
Eviction procedures
Civil procedure (justice of the peace)
The most common route:
- Record the occupation (photos, bailiff report)
- File a petition with the justice of the peace
- Emergency hearing (generally within 8 days)
- Eviction judgment with enforcement deadline (often immediate)
- Enforcement by a bailiff assisted by the police
Criminal procedure (public prosecutor)
Faster but dependent on the prosecutor’s willingness:
- File a complaint with the police
- The prosecutor orders eviction within 8 days
- The police execute the prosecutor’s order
Comparative timeframes
| Procedure | Average timeframe | Cost |
|---|---|---|
| Civil (justice of the peace) | 2-4 weeks | 500-1,500 EUR |
| Criminal (prosecutor) | 3-10 days | Free (complaint) |
| Summary proceedings (extreme urgency) | 24-48 hours | 800-2,000 EUR |
Landlord’s rights
What the landlord may do
- File a complaint with the police
- Request a bailiff report
- Petition the justice of the peace in urgency
- Claim damages
What the landlord may NOT do
- Change the locks themselves
- Cut off water or electricity
- Remove the squatters’ belongings
- Intimidate or threaten the occupants
Even facing squatters, the landlord may not take the law into their own hands. Self-help is an offence that can backfire against the landlord in court.
Damages
The landlord may claim compensation for: rent lost during the illegal occupation, damage caused to the property, procedure costs (bailiff, lawyer).
Preventing squatting
Preventive measures
- Do not leave a property unoccupied for too long
- Install an alarm or surveillance system
- Regularly check access points (doors, windows)
- Maintain the property’s exterior (grass mowed, letterbox emptied)
- Have mail collected by a trusted neighbour
In case of prolonged vacancy
If the property must remain unoccupied: entrust it to a temporary management organisation, consider a precarious occupation agreement, take out insurance covering squatting risk.
After eviction
Immediately secure the property (change locks, repair access points). Carry out a property inventory of the damage and complete repairs before re-letting.
Frequently asked questions
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Yes, since the law of 18 October 2017, occupying another person's property without right or title is a criminal offence punishable by a fine of EUR 26 to 100 and/or imprisonment of 8 days to 1 month.
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No. Self-help is prohibited in Belgium. The landlord must go through the courts (justice of the peace or public prosecutor) to obtain the eviction of squatters.
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With the expedited procedure (application to the justice of the peace), eviction can be obtained in 1 to 4 weeks. The criminal procedure via the public prosecutor can be even faster (a few days).