An agency cannot ask a rental applicant for just any document: Brussels sets a list by stage, Wallonia a closed list of eight items, Flanders a principle of necessity. In Brussels and Wallonia, situation tests also make it possible to check that an agent treats all applicants the same way. Here is what may be requested, when, and how to prepare for it.

What can be requested from an applicant in Brussels?

In Brussels, the rule is set out in Article 32 of the Brussels Code on equality, non-discrimination and the promotion of diversity, adopted by joint decree and ordinance of 4 April and 23 May 2024 and fully in force since 24 January 2025. The landlord or agent may collect data in three stages. Before the visit: the applicant’s surname and first name, and a means of communicating with them. In support of the application: the amount of financial resources available, or an estimate, and the number of people in the household. For drafting and concluding the lease: a document attesting identity and capacity to contract, and marital status if married or legally cohabiting. The text adds that neither the origin nor the nature of the resources may justify a refusal. For an agency, this means that no copy of an ID card can be required before the visit, nor even at the application stage.

This Code replaces the former Article 200ter of the Brussels Housing Code, repealed on that date. The Region publishes a standard application form that follows these three stages. For income, it leaves the supporting document to the tenant’s choice: payslip, tax assessment, proof of replacement income, bank certificate, account statements, including family allowances and maintenance payments. According to the official Region page, any information not on the Article 32 list cannot be requested.

How long may applicants’ data be kept?

The same article sets precise periods. Applicants’ data may only be kept for a maximum of six months for examining the application. In the event of a dispute concerning discrimination, it may be kept for a maximum of ten years. Data of the tenants selected may be kept for the whole lease and five years after. For an agency, the file of a rejected applicant should therefore not sit indefinitely in a mailbox.

What can be requested in Wallonia?

In Wallonia, Article 6 of the Decree of 15 March 2018 on residential leases, in force since 1 September 2018, lists eight items, with the related supporting documents. The surname and first name of the applicant or applicants. A means of communication. The address. The date of birth or proof of capacity to contract. The household composition. Marital status if the applicant is married or legally cohabiting. The amount of financial resources. And proof of payment of the last three rents. Unlike Brussels, the text does not split these items by stage. It adds that no other data may be required unless it pursues a legitimate purpose and the request is justified by serious reasons proportionate to that purpose. The article is a matter of public policy: a lease cannot depart from it.

For an agency working in both regions, proof of the last three rents is the main difference with Brussels, where it is not provided for. A form common to both regions must therefore be reviewed against each of the two lists.

And in Flanders?

In Flanders, Article 7 of the Flemish Residential Lease Decree is a single sentence: the landlord may only request from the applicant the documents necessary to check that they will be able to meet their obligations as a tenant. The decree lists no documents. The IPI gives a practical reading: identity, place of residence and income, excluding in particular health status or criminal records. This is a professional interpretation, not the text of the decree. The criterion remains necessity: every document requested must serve to assess the ability to pay the rent and comply with the lease.

How do situation tests work?

In Brussels, Article 36 of the Equality Code provides for two forms of test. In a situation test, two or more people, real or fictitious, with similar profiles except for the criterion tested, apply to a landlord or an agent, and the responses are compared. In a mystery client test, the investigator checks whether the agent accepts a discriminatory request. Officers of the Regional Housing Inspectorate may carry out these tests themselves or have them carried out. A positive test is a fact from which discrimination may be presumed. The administrative fine ranges from EUR 125 to EUR 6,200 per victim, up to EUR 20,000, and may be doubled for a repeat offence within the year.

In Wallonia, the Decree of 30 November 2023, in force since 1 January 2024, provides for the same two forms of test and a fine of EUR 125 to EUR 6,200. According to Unia, the Walloon inspectors still had to be appointed by the minister. For an agency, a test is not prepared when it happens: it is prepared through a procedure that is identical for all applicants.

What do the tests carried out in Ghent show?

In 2018, the City of Ghent reported that applicants of foreign origin received a less favourable response from agents in 26% of cases in 2015, then 14% in 2016-2017; in 2017, 12 agents out of 86 showed a significant pattern of discrimination. A 2023 study, presented by CIB Vlaanderen, covered 2,663 tests: 1,438 with private landlords and 1,225 with 210 agents. It found 18% discrimination based on origin among real estate agents, against 39% among private landlords. For wheelchair users, the rate reached 39% among agents. Across all criteria, Ghent agents discriminated in 11% of cases, against 24% for those operating from elsewhere. At the Belgian level, Unia opened 104 housing-related files in 2025, 66 of them on the private rental market; wealth (37 files) and so-called racial criteria (34) come at the top.

What single form for an agency working across regions?

A three-stage form based on Brussels serves as the foundation. It is then adjusted region by region, since the strictest list is not necessarily compliant everywhere:

  1. Before the visit: surname, first name, means of communication. Nothing else.
  2. At the application stage: amount of resources, with the supporting document chosen by the applicant, and household composition. In Wallonia, add if needed the address, the date of birth and proof of the last three rents.
  3. When concluding the lease: identity document and marital status if married or legally cohabiting.

Three rules complete this form. The same request for all applicants for the same property, in the same order. A written record of the reason for each refusal, linked to an objective criterion such as the ratio between income and rent. And deletion of rejected files after six months in Brussels. As for the channel, no ID document should pass through a messaging app: see our article on WhatsApp with tenants. The solvency criterion itself is covered in our article on income of three times the rent, and detecting fake documents in the one on false pay slips. Scams targeting landlords are described in our article on landlord scams.

How does Seido help trace exchanges with applicants?

Managing several properties? In Seido, requests received by WhatsApp, e-mail or SMS arrive in a single queue, timestamped and attached to the right unit. A colleague can pick up the exchange with its full history. The answer given to each applicant thus remains traceable. See how Seido’s channel centralisation works.

Frequently asked questions

Can a copy of the ID card be requested before the visit?

No, in Brussels. Article 32 of the Equality Code only allows the surname, first name and a means of communication to be collected before the visit. The identity document may only be requested for drafting and concluding the lease. In Wallonia, the decree does not split the data by stage, but the date of birth or proof of capacity is enough for selection. In Flanders, only necessity justifies a document.

Can payslips be required rather than another supporting document?

In Brussels, the Region’s standard form leaves the proof of income to the tenant’s choice: payslip, tax assessment, proof of replacement income, bank certificate or account statements. Article 32 also forbids refusing a home because of the origin or nature of the resources. Requiring payslips only would exclude self-employed people and benefit recipients, which the text does not allow.

Is proof of the last three rents allowed everywhere?

No. It is on the Article 6 list of the Walloon decree, but not on the Article 32 list of the Brussels Equality Code. In Brussels, the Region’s official page states that any information not on the list cannot be requested. In Flanders, it is only admissible if necessary to check the applicant’s ability to meet their obligations.

What does an agency risk if a situation test is positive?

In Brussels, a positive test allows discrimination to be presumed. The administrative fine ranges from EUR 125 to EUR 6,200 per victim, capped at EUR 20,000, and may be doubled for a repeat offence within the year. In Wallonia, the fine under the 2023 decree ranges from EUR 125 to EUR 6,200. In Brussels, intentional discrimination is also a criminal offence.

Sources and references

Last updated: July 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.