Flemish legal framework for rent indexation
Rent indexation in Flanders is governed by the Vlaams Woninghuurdecreet (Flemish Housing Decree), which came into force on 1 January 2019. This decree replaces the provisions of the Belgian Civil Code for primary residence leases concluded in the Flemish Region.
The principle of indexation remains identical to the other regions: annual adjustment on the anniversary of the lease’s entry into force, based on the health index published by Statbel. The differences relate to the application modalities, particularly the restrictions linked to the energy performance of the property.
The Flemish Region has also introduced its own measures for energy-inefficient properties, as part of its housing stock renovation objectives. For the general framework: indexation pillar guide.
Conditions for indexation in Flanders
The preconditions for indexation in Flanders are similar to the other regions, with a few specificities.
Conditions common to all three regions
- Written lease: an oral lease does not allow indexation.
- Lease registered with the FPS Finance: the registration obligation is federal. See unregistered lease and indexation.
- Minimum duration of one year since the lease came into force.
- Written request from the landlord to the tenant.
- Valid EPC certificate provided to the tenant.
Flemish specificities
The Vlaams Woninghuurdecreet provides for indexation by operation of law for primary residence leases, without the need for an explicit clause in the contract. The decree also regulates housing compliance conditions (veiligheids-, gezondheids- en woonkwaliteitsnormen) that may indirectly impact the right to indexation.
Flanders also imposes minimum quality standards for rented properties. A dwelling declared uninhabitable by the Flemish housing inspection cannot be indexed.
EPC restrictions in Flanders
The Flemish Region has implemented its own restrictions linked to the energy performance of buildings, as part of its energy renovation policy.
The Flemish system
The Flemish EPC restriction system applies to primary residence leases. As in Wallonia and Brussels, the most energy-inefficient properties are penalised in their right to indexation.
| EPC class | Indexation allowed in Flanders |
|---|---|
| A to D | 100% — full indexation |
| E | Variable depending on decree |
| F | Reduced or blocked |
| G | Reduced or blocked |
| No EPC | Treated as EPC G |
Differences with Wallonia and Brussels
Wallonia applies a strict block (0%) for EPC F and G. Brussels uses a progressive correction factor. Flanders has opted for its own system, with its own thresholds and modalities.
The common point: in all three regions, a property without a valid EPC certificate is treated as the worst class (G) and cannot be indexed. For details by region: EPC and indexation.
Calculating indexation in Flanders
The formula
The calculation formula is identical across all three regions:
Indexed rent = Base rent x (New health index / Starting health index) x EPC factor
- Base rent: amount at the signing of the lease
- Starting index: health index for the month preceding the signing
- New index: health index for the month preceding the anniversary of entry into force
- EPC factor: depending on the energy class and Flemish regulations
Calculation tools
The BailBelgique indexation calculator integrates Flemish rules and automatically applies the corresponding EPC factor. The Statbel calculator does not account for regional EPC restrictions.
For the detailed method: indexation calculation guide. For the indices: health index table.
Comparison: Flanders vs Wallonia vs Brussels
| Criterion | Flanders | Wallonia | Brussels |
|---|---|---|---|
| Legal text | Vlaams Woninghuurdecreet | Decree of 15 March 2018 | Brussels Housing Code |
| Language of proceedings | Dutch | French | French or Dutch |
| EPC A-D | 100% | 100% | 100% |
| EPC F-G | Reduced or blocked | 0% (blocked) | Very reduced factor |
| Court | Vredegerecht | Justice of the peace | Justice of the peace |
| Housing standards | Vlaamse Wooncode | Walloon Housing Code | Brussels Code |
The base formula and the health index are identical. The differences relate to EPC restrictions, the regional legal framework and the language of proceedings.
For a complete comparison: rent indexation Belgium: 3-region comparison.
Practical advice for Flanders
For the Flemish landlord
- Verify that your property meets Flemish quality standards before renting it out.
- Obtain a valid EPC certificate and provide it to the tenant.
- Register the lease within 2 months of signing.
- Send the indexation request in Dutch if the tenant is Dutch-speaking, or in the language of the lease.
- Use the indexation calculator which integrates Flemish rules.
For the Flemish tenant
- Demand a copy of the EPC certificate if it has not been provided to you.
- Verify each indexation request with a verification tool.
- In case of dispute, the vredegerecht (justice of the peace) in your canton has jurisdiction.
- Municipal services often offer a free mediation service for rental matters.
Legal sources
The full text of the Vlaams Woninghuurdecreet is available on codex.vlaanderen.be. The Wonen-Vlaanderen services provide practical information on the rights and obligations of landlords and tenants in Flanders.
Indexation pillar guide — 3-region comparison — Letter template — Lease in Flanders.
Frequently asked questions
Does the Vlaams Woninghuurdecreet change the rules?
The Flemish decree governs primary residence leases in Flanders since 2019. Indexation by operation of law is provided for, with EPC restrictions specific to the region.
Are the EPC restrictions identical to Wallonia?
No. Flanders has its own restriction system. The principles are similar but the thresholds and modalities differ.
Is registration the same?
Yes. The registration obligation is federal. No registration = no indexation, in all three regions.
Challenge before the vredegerecht?
Yes. The vredegerecht (justice of the peace) has jurisdiction for rental disputes in Flanders. Proceedings are in Dutch.
Where to find the legal text?
On codex.vlaanderen.be or the Belgian Official Gazette (belgischstaatsblad.be).