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Renting out a bought apartment

Question

I've recently bought an apartment in Brussels. Now I'd like to rent it out and myself to move to a smaller/cheaper apartment (which I'll rent).

Is there any way to make sure I don't lose the discount off the registration fees which I received when buying my apartment (ie the 12.5% 'abattement')? I understand it is necessary to have the primary residence in the acquired property for 5 years...

anon

No

May 18, 2016 19:01
becasse

No - just as your notaire told you when you bought it.

May 18, 2016 21:06
Borealis

But how will the authorities find out and claim the discount back? Or am I supposed to declare myself and come to them with a pile of cash?

May 18, 2016 21:49
becasse

You have to tell them yourself - before they find out from the registration system.

If you ignore the need to reregister, the authorities will find out eventually and fines will follow.

May 18, 2016 22:36
Borealis

Ok, thanks! Didn't know there is such an obligation.

May 18, 2016 22:51
J

> I understand it is necessary to have the primary residence in the acquired property for 5 years
Yes, but IIRC, that doesn't have to be you, so if you rent it out as a primary residence, you're OK.

Check that with your notaire...

May 19, 2016 07:50
RPPKN

J, if what you say was true, most people would benefit from these reductions as a vast majority of apartments rented our are rented to people who establish their primary residence in the apartment.

However it's not true. https://www.notaire.be/acheter-louer-emprunter/1-droits-d-enregistrement...

"L'acquéreur conserve sa résidence principale dans le bien acquis pendant une période ininterrompue de 5 ans"

"Si l’acquéreur quitte le bien acquis au sein de la Région bruxelloise dans les 5 ans de son acquisition, il devra payer des droits complémentaires sur le montant de la réduction de la base imposable. "

May 19, 2016 11:05
Mikek1300gt

One of the reasons you see places advertised where it's made clear that it's not possible to register as living there, usually with a cheaper rent as a result.

May 19, 2016 11:29
J

RPPKN - It's been quite a while since I looked at the regulations...

Looking at your link:
L'acquéreur conserve sa résidence principale dans le bien acquis pendant une période ininterrompue de 5 ans (pour les conventions conclues avant le 1er janvier 2013, il suffit de maintenir la résidence principale pendant une période ininterrompue de 5 ans en Région de Bruxelles-Capitale).

So my information was indeed out-of-date.

And no, landlords would not benefit, as the reduction does not apply for people who own another property.

May 19, 2016 12:06