From 1 November to 15 March, no eviction from a dwelling can be enforced in Brussels. The Regional Budgetary Solidarity Fund then compensates the landlord, subject to a condition that is often misread: the judgment must authorise eviction after 15 August. For winter 2024-2025, Brussels Housing received 67 claims and accepted 46.

What is the Brussels winter moratorium and who does it protect?

The Brussels winter moratorium prohibits enforcing an eviction from a dwelling from 1 November to 15 March of the following year. The rule is set out in Article 233duodecies of the Brussels Housing Code. It was inserted by the Ordinance of 22 June 2023, in force since 31 August 2023. During this period, an eviction judgment cannot be enforced. The text provides four exceptions: rehousing is available or the tenant has left, unfit or dangerous conditions, the tenant’s behaviour, or force majeure on the landlord’s side.

The suspension does not cancel the tenant’s debt. The text states that the occupancy indemnity set by the eviction decision “remains due”. If it is not paid, the landlord can submit the claim to the Regional Budgetary Solidarity Fund. The court may set this indemnity per day; its monthly total may then not exceed the rent. The Code refers to the occupancy indemnity and does not mention service charges.

How does the Regional Budgetary Solidarity Fund work?

The Fund is created by Article 11 of the Brussels Housing Code and managed by Brussels Housing. It is financed by fines provided for in the Code, in particular those from inspections of housing safety and fitness. Administrative fees and repayments of its own payments are added. One of its purposes is “the partial or full payment of occupancy indemnities due during the winter truce”. The conditions for its intervention are set by an order of the Brussels Government of 14 September 2023. Public property operators and subsidised social rental agencies are not eligible.

What are the conditions for compensation?

The official Brussels Region page sets out three cumulative conditions:

  • “Your rental property is located in the Brussels-Capital Region.”
  • “You have a judgement authorising the eviction after 15 August, before or during the winter moratorium.”
  • “You have not received the requested occupancy indemnity (rent) despite sending a reminder to the tenant.”

The second condition calls for a careful reading. What counts is the date from which eviction is authorised, not the date of the judgment. An eviction authorised before 15 August gives no right to the Fund, even if it was never enforced. Nor does an eviction authorised only after 15 March. Brussels Housing lists these two situations first among its grounds for refusal.

Which documents must be attached?

  • The judgment authorising eviction.
  • The registered lease.
  • The bank card of the account to which the indemnity should be paid.
  • The payment reminder for the unpaid occupancy indemnity sent to the tenant.
  • Where relevant, the latest rent indexation request.

How is the compensated period calculated?

Only the period running from the date on which eviction is authorised can be compensated. Earlier arrears, even if they built up over months, fall outside the Fund. And the authorised eviction date is not the date of the judgment. The Code provides that an eviction can only be enforced one month after the judgment is served. Three steps therefore add up: the judgment, its service by a bailiff, then the one-month period. The Region gives the following example on its official page, which we reproduce as is. Judgment on 1 December 2023. Service on 1 January 2024. Eviction authorised on 1 February 2024. Compensated period: 1 February to 15 March 2024, six weeks out of the four and a half months of the moratorium. For a property manager, the consequence is direct. Every week saved between the judgment and its service lengthens the period covered by the Fund.

How and when should the claim be submitted?

Only one claim is possible per dwelling. It can be submitted online on IRISbox, with an identity card or itsme, or through a form without authentication. A separate form exists for legal entities. The claim can also be sent by post, using the paper form available on the official page.

The timetable has two limits:

  • At the earliest: when the tenant leaves the dwelling during the moratorium, or on 15 March if the tenant is still there.
  • At the latest: 15 September following the end of the moratorium.

For winter 2025-2026, the deadline expired on 15 September 2026. The next moratorium runs from 1 November 2026 to 15 March 2027; related claims must be submitted by 15 September 2027 at the latest.

What do the figures for winter 2024-2025 show?

The 2025 activity report of Brussels Housing, published on 29 June 2026, gives the first detailed review of the Fund. For winter 2024-2025, the administration received 67 claims, against 103 the previous winter, a fall of 39%. It accepted 46, or 69% of claims, against 51% the previous winter. Of the others, 15 were refused and 3 declared inadmissible. Two were refused because the court had set the moratorium aside, and one was closed without further action. The Fund paid out EUR 89,719.44 in total, an average of EUR 1,950 per file and a median of EUR 1,723. The average compensated period was 65 days out of the 135 days of the moratorium. Only three files obtained the full period. These figures show that the indemnity rarely covers the whole winter: it depends on the authorised eviction date, and so on the speed of the earlier procedure.

The report lists three main grounds for refusal. First, an eviction authorised before 15 August or only after 15 March. Second, a judgment that sets the moratorium aside. Third, a judgment that neither ends the lease nor orders eviction. A refusal can be challenged before the courts.

What should a property manager with Brussels properties do?

For an agency, the moratorium is part of the yearly calendar. Three periods each call for their own actions.

Before winter

  • Check that leases are registered for all Brussels properties: the registered lease is part of the file.
  • Identify tenants in arrears before 1 November.
  • Go to the justice of the peace without delay and have the judgment served quickly, since the compensated period starts one month after service.

During the moratorium

  • Send a written reminder for every unpaid occupancy indemnity: the reminder is both a condition and a document in the file.
  • Keep evidence of non-payment and a record of every contact with the tenant.

After the moratorium

  • Submit the claim as soon as the tenant leaves or from 15 March, without waiting for 15 September.
  • Resume enforcement of the eviction as soon as the moratorium ends if the situation is not resolved.

The procedure leading up to the judgment is covered in our article on end of lease, damage and arrears.

What did the Constitutional Court say about the moratorium?

The Syndicat National des Propriétaires et Copropriétaires had sought the annulment of the Ordinance of 22 June 2023. The Constitutional Court dismissed this action in its judgment no. 131/2025 of 9 October 2025. The dismissal is “subject to the interpretation mentioned in B.42.2”. The Court joined two preliminary questions to the case, referred by the justice of the peace of Molenbeek-Saint-Jean on 12 February 2024 and by the justice of the peace of Uccle on 29 February 2024. It ruled that Articles 233undecies and 233duodecies of the Code do not breach the Constitution. We look at this judgment in our article on the winter moratorium before the Constitutional Court.

Frequently asked questions

Does the Fund cover unpaid service charges?

The Brussels Housing Code refers to the occupancy indemnity set by the eviction decision, and the official page speaks of “occupancy indemnity (rent)”. Neither mentions service charges. When the court sets the indemnity per day, its monthly total may not exceed the rent. A property manager should therefore expect that service charge advances left unpaid over the winter must be recovered from the tenant through the ordinary channels.

Can a judgment issued in July open a right to the Fund?

Yes, if the eviction it authorises only becomes possible after 15 August. The condition concerns the authorised eviction date, not the date of the judgment. A July judgment served at the end of July in principle authorises eviction one month after service, so at the end of August. Conversely, an eviction authorised before 15 August is a ground for refusal, even if it was never enforced.

How many claims can be submitted for the same dwelling?

Only one per dwelling and per moratorium, according to the official Region page. It can be submitted at the earliest when the tenant leaves or on 15 March, and at the latest on the following 15 September. It is therefore best to gather every document before sending the claim: judgment, registered lease, reminder to the tenant and bank details.

Sources and references

Last updated: September 2026. This article is provided for information purposes only and does not constitute legal advice. For any specific situation, consult a real estate law professional.