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What is the “right of preemption”?

The right of preemption is a right that allows a person (private or public) to have priority over other candidates for the purchase of a property when it is put up for sale. The beneficiary will be preferred even if they make an offer equal to other buyers.

Most of the time, this right is exercised in the general interest, especially to combat the existence of abandoned and unsanitary buildings and to create social housing.

However, it differs depending on whether you are in Brussels, Flanders, or Wallonia.

Brussels

In Brussels, they refer to “preemption perimeters.” For example, the municipalities of Auderghem, Saint-Josse-ten-Noode, Brussels, Saint-Gilles, Molenbeek, Evere, and Woluwé-Saint-Lambert.
To view the full list, simply visit the Region’s website.

Flanders

The Flemish Housing Code (Vlaamse Wooncode) provides a right of preemption in favor of certain public institutions.

Indeed, this right allows its beneficiaries to acquire homes or plots of land with the aim of creating social housing. However, the right of preemption only applies in the case of the sale of a property (not in the case of donation, exchange, or contribution to a company).

Wallonia

In the Walloon Region, the right of preemption applies to the legal reorganization of rural properties. To find out if it applies to a particular plot, consult the Walloon agriculture portal.

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