What does a right of pre-emption mean in Brussels?

Within a perimeter set by the Brussels Government, the Region, the municipality or another public body may buy a property that is being sold before anyone else. A perimeter runs for seven years from publication and can be extended once by at most five years (CoBAT art. 261). In a sale, the notary asks the bodies holding the right whether they will buy.

Who has priority

The Government decision names the bodies holding the right and their order of priority; it is published in the Belgian Gazette (art. 260). The CoBAT allows among others: the Region, the municipalities, the public social welfare centres (CPAS), citydev.brussels, the Brussels regional housing company (SLRB), the Port of Brussels, the STIB and Brussels Environment (art. 262).

A purchase involves other points too, such as the Brussels EPB certificate and checking whether a Brussels house is permitted. What a report on an address costs is listed under Perceelscan pricing. You can work out the taxes on a purchase for free with the registration duties calculator and the property tax calculator.

How it works in a sale

the right applies to every transfer for payment (art. 263);
the sale agreement is subject to the condition that no one exercises the right (art. 265);
the seller declares the intention to sell as soon as the property is offered, and the notary sends the sale agreement at least two months before the deed (art. 266);
each body holding the right has two months after a complete file to answer; silence counts as a waiver (art. 267);
if all waive, the seller may sell within two years on the same terms (art. 268).

What it means for you as a buyer

Your purchase is only certain once the bodies holding the right waive it. Expect a few months between sale agreement and deed. A perimeter says nothing about the condition or value of the property; it does show that public bodies want to be able to buy in the area, for example for housing or facilities.

What the Perceelscan says about it

Whether the plot lies in a current or expired pre-emption perimeter, with the end date and a link to the decision in the Belgian Gazette.

How long do you wait for an answer under a right of pre-emption in Brussels?

Each body holding the right has two months once the file is complete. If it does not answer, it waives the right (CoBAT art. 267). The deed then follows within the term set in the sale agreement.

In the other regions

In Flanders: What is a right of pre-emption (voorkooprecht) on a plot?
In Wallonia: When may a public body buy first in Wallonia?

Sources

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Updated on 26 October 2026