Double Registration Requirement for Residential Leases in the Brussels-Capital Region Remains in Force
The Constitutional Court has issued a significant ruling regarding the registration of residential leases in the Brussels-Capital Region. In its judgment of 3 April 2025, the Court annulled the provisions of the Brussels Ordinance of 25 April 2024, which had introduced a single registration requirement via the regional platform IRISRent. As a result, landlords in Brussels must continue to register residential leases both on the regional IRISRent platform and on the federal MyRent platform.
Background to the issue
This situation stems from the division of competences between the federal and regional authorities. The federal government retains jurisdiction over the formalities and registration duties applicable to residential leases, while the regions are competent for the civil law aspects of lease registration. Accordingly, the federal government operates the MyRent platform, while the Brussels-Capital Region established its own system, IRISRent, through the Ordinance of 25 April 2024.
The aim of the 2024 Ordinance was to streamline the registration process by eliminating the federal registration requirement within the Brussels-Capital Region, thereby requiring landlords to register leases solely on IRISRent as of 1 January 2025. However, in late 2024, the Federal Public Service Finance clarified that the federal registration obligation would remain in effect, as the Region lacked the authority to abolish it.
Constitutional Court ruling
The federal government challenged the regional ordinance before the Constitutional Court, arguing that the Brussels-Capital Region had overstepped its powers. The Court acknowledged that the Region is competent to establish its own registration procedure for residential leases, based on its authority over housing matters. However, it emphasized that this competence does not extend to repealing the federal registration requirement, which falls under federal fiscal jurisdiction. Consequently, the Court annulled the provisions of the ordinance that sought to abolish the federal registration obligation.
Implications for landlords
Landlords in the Brussels-Capital Region must therefore comply with a dual registration requirement, contrary to earlier expectations of a simplified, single registration process. This requires increased vigilance from landlords to ensure compliance with both federal and regional regulations.
Aware of the administrative burden this entails, the Brussels-Capital Region is reportedly working closely with federal authorities to develop a unified and more efficient registration framework. The goal is to simplify the process for both landlords and tenants. Further developments are expected.
