The right of pre-emption 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 therefore be preferred even if they make an offer equal to the other buyers.
Most of the time, this right is exercised in the public 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, we talk about “pre-emption perimeters”. For example, the municipalities of Auderghem, Saint-Josse-ten-Noode, Brussels, Saint-Gilles, Molenbeek, Evere, and Woluwe-Saint-Lambert.
To view the full list, just visit the Region’s website.
Flanders
The Flemish Housing Code (Vlaamse Wooncode) provides for a right of pre-emption in favor of certain public institutions.
Indeed, this right allows its beneficiaries to acquire houses or plots of land in order to create social housing. However, the right of pre-emption only applies in the case of the sale of a property (not for donations, exchanges, or contributions to a company).
Wallonia
In the Walloon Region, the right of pre-emption applies to the legal consolidation of rural properties. To find out if it applies to a particular plot, consult the Walloon agriculture portal.
