Airbnb Laws in Belgium

Airbnb Laws in Belgium

Belgium

Introduction
Introduction to Airbnb in Belgium

Belgium, a captivating European destination, is renowned for its historic cities, cultural richness, and scenic countryside. Popular destinations like Brussels, the vibrant capital with its iconic Grand Place; Bruges, often referred to as the "Venice of the North"; Antwerp, the diamond capital and a hub for art and fashion; and Ghent, a perfect blend of history and modernity, make it a hotspot for travelers. Short-term rentals have emerged as a significant contributor to Belgium’s tourism landscape, enabling tourists to experience these cities in unique and personalized ways.

In 2024, short-term rentals generated substantial revenue for the government through income taxes, VAT, and regional tourism levies. Platforms such as Airbnb, Booking.com, and Vrbo dominate the market, offering a variety of lodging options ranging from urban apartments to countryside villas. These platforms have also fueled the local economy by creating opportunities for homeowners and businesses. However, with this growth comes the need for robust regulation to balance economic benefits and community well-being.

Overview

Belgium, a captivating European destination, is renowned for its historic cities, cultural richness, and scenic countryside. Popular destinations like Brussels, the vibrant capital with its iconic Grand Place; Bruges, often referred to as the "Venice of the North"; Antwerp, the diamond capital and a hub for art and fashion; and Ghent, a perfect blend of history and modernity, make it a hotspot for travelers. Short-term rentals have emerged as a significant contributor to Belgium’s tourism landscape, enabling tourists to experience these cities in unique and personalized ways.

In 2024, short-term rentals generated substantial revenue for the government through income taxes, VAT, and regional tourism levies. Platforms such as Airbnb, Booking.com, and Vrbo dominate the market, offering a variety of lodging options ranging from urban apartments to countryside villas. These platforms have also fueled the local economy by creating opportunities for homeowners and businesses. However, with this growth comes the need for robust regulation to balance economic benefits and community well-being.

Property
Overview

The main national association for short-term rental (STR) owners and operators in Belgium is the Short-Term Rental Belgium (STR Belgium) association.

The Short-Term Rental Belgium (STR Belgium) association supports STR owners by providing compliance updates, advocacy, best practices, and networking opportunities. It assists members, including non-resident owners, in understanding local regulations and navigating tax obligations. Non-resident owners can join and access the same benefits as local hosts, ensuring they meet regulatory requirements and effectively manage their short-term rental operations in Belgium. More information is available on their official website.

Property
Interested in learning more about this country? Please complete the form below.

Lodge Compliance may contact me about products and news. I understand I can change my preferences at any time per Lodge Compliance’s Privacy Policy.

Awesome! Your submission has been received!
Oops! Something went wrong while submitting the form.
short term rentals
What is Airbnb in Belgium?
What are short Term Rentals in the Country?

In Belgium, short-term rentals are commonly referred to as "

Is Subletting Legal?
Is Subletting Legal in Belgium?

In Belgium, subletting is permissible under specific conditions, and the regulations can vary by region.

National Association for STR Owners
What is the maximum length of stay in Belgium?
What is the maximum length of stay?

In Belgium, the regulations governing the maximum length of stay for short-term rentals vary by region and municipality, reflecting the country's federal structure and the autonomy of local governments in housing matters.

Is there any National Registration Requirement or Permit?

In Belgium, the regulation of short-term rentals is primarily managed at the regional and municipal levels, leading to varying requirements across different areas. There is no centralized national registration system for short-term rentals; instead, hosts must comply with the specific rules and procedures established by their respective local authorities.

Is there a need for Permission from Landlord/Local Council/Neighbors?

Belgium’s laws often require hosts to seek permissions from landlords, local councils, and sometimes even neighbors. Tenants must have written consent from their landlords to operate short-term rentals. In certain municipalities, like Antwerp, hosts may need to notify neighbors or comply with building-specific regulations.

Local councils may also impose zoning or usage restrictions, ensuring that short-term rentals do not disrupt residential communities or violate urban planning rules.

Is Short-term rental Income taxable?

Yes, income earned from short-term rentals in Belgium is subject to taxation. Here's an overview of the applicable national and local taxes:

Is there any National Tourism Fund or Tourist Tax?

In Belgium, there is no national tourism fund or nationwide tourist tax specifically designated for short-term rentals. However, local municipalities have the authority to impose tourist taxes on accommodations, including short-term rentals, to support local infrastructure and services impacted by tourism.

Each municipality determines its own tourist tax rates and collection methods. These taxes are typically charged per night, per guest, or as a percentage of the accommodation cost. For example, in

Is there any Guest Registration and Reporting Requirement?

In Belgium, guest registration and reporting requirements for short-term rentals are primarily determined at the regional and municipal levels, leading to variations across different areas. Hosts may need to provide guest details, such as names and identification numbers to designated authorities.

Hosts should consult local authorities to understand specific obligations.

Is there any National Health and Safety Requirements?

In Belgium, health and safety standards for short-term rental properties are primarily determined at the regional and municipal levels.

Is there any Platform Accountability Requirement?

In Belgium, online platforms facilitating short-term rentals are not currently mandated by national law to ensure that individual listings comply with all national laws and regulations. However, hosts are responsible for ensuring their properties adhere to applicable laws, including registration, safety standards, and tax obligations.

Is there any Anti-Discrimination Law?

Belgium has a robust legal framework to prohibit discrimination, including in the context of short-term rentals. These laws promote inclusivity and provide punitive measures for discriminatory actions.

Is there any Data Sharing Requirements?

In Belgium, short-term rental platforms are not currently mandated by national law to share data with government authorities. However, regional and municipal regulations may impose specific data-sharing requirements.

Is there any National Insurance Requirement?

In Belgium, the requirement for liability insurance for short-term rental properties varies by region:

Is there any National Zoning law/Cultural Heritage law?

In Belgium, there is no overarching national zoning or cultural heritage law uniformly regulating short-term rentals across the entire country. Instead, regulations are established at regional and municipal levels, with specific measures to protect culturally and historically significant areas from the impacts of short-term rentals.

Is there any Environmental Regulations that affects STR?

In Belgium, environmental regulations impacting short-term rentals (STRs) are primarily governed at the regional and municipal levels, with no specific nationwide sustainability requirements tailored exclusively for STRs. However, several general environmental laws and standards apply to all residential properties, including those used for short-term rentals.

Is there any National Tenant Protection Law?

In Belgium, tenant protection laws are primarily established at the regional level, with each region—Flanders, Wallonia, and Brussels-Capital—implementing specific regulations to safeguard tenant rights. These laws provide robust protections against unjust eviction, including scenarios where landlords might seek to replace long-term tenants with short-term rentals.

Is there any Reporting Requirements for Foreigners?

In Belgium, property owners or operators who provide accommodation to foreign guests are subject to specific reporting obligations to national immigration authorities. These requirements are designed to monitor the presence of foreign nationals within the country and ensure compliance with immigration laws.

Is there any Digital Platform Regulation Compliance?

In Belgium, there is no unified national mandate obligating digital platforms to verify a property's compliance with local regulations before listing. However, certain regions have implemented measures to enhance transparency and ensure adherence to local laws.

For instance, operators in Brussels-Capital Region offering paid lodging must register their establishments with Brussels Economy and Employment (BEE) to ensure compliance with zoning regulations, fire safety standards, and other criteria based on accommodation type.

While the primary responsibility for registration lies with the property owner or operator, platforms facilitating these listings are encouraged to ensure that hosts have fulfilled their registration obligations. This collaborative approach helps maintain the integrity of the rental market and ensures compliance with regional regulations.

Is there any Consumer Protection Law that affect STR?

Belgium enforces consumer protection laws to ensure fair practices in short-term rental contracts.

Is there any Law that applies to Non-resident Owners?

Non-resident owners of short-term rental properties in Belgium are subject to specific regulations, including additional tax obligations and administrative requirements. Non-residents must pay a non-resident income tax on rental earnings, which may include municipal or regional taxes depending on the property's location.

Failure to comply with these regulations can result in fines, legal actions, or even property seizure. Non-resident owners are also required to appoint a local representative to manage tax filings and ensure compliance with Belgian laws. These measures aim to maintain fairness in the rental market and ensure that foreign owners contribute to the national economy.

Is there any classification of STR in the country?

Yes, there is an official classification for holiday rentals, which distinguishes between different types of short-term rental properties such as

Are there Special National Event Regulations?

In Belgium, regulations during national events or holidays are generally managed at the regional and municipal levels, with no specific nationwide mandates altering the maximum length of stay, ID verification processes, curfews, or noise restrictions solely due to such events. However, certain general rules and local ordinances may influence these aspects:

Is there any Penalty for Violating National Rules?

Penalties for non-compliance with short-term rental regulations in Belgium are stringent. Violations, such as renting without a permit, failing to register properties, or disregarding safety standards, can result in fines. For instance, in the Brussels-Capital Region, operators and owners who violate STR rules may face penalties of up to

Are there National Rules or Regulations Governing Short-Term Rentals in Belgium?
Are there National Rules or Regulations Governing Short-Term Rentals in the Country?

There is no national rule regarding short-term rental in Belgium; instead, rental laws vary from municipality and city. Municipalities and cities may regulate Airbnb rentals with regulations, such as registration requirements and tax requirements, housing standards, zoning, permit requirements, Co-Home Owners consent, etc.

In Brussels, you will need the consent of co-owners; you are also required to register your property on the tourist accommodation website. You will need an urban planning certificate, a fire safety certificate popularly referred to as "Conformiteitsattest.”You'll need to complete and submit an application packet, sketch out the apartment floor plan with the proper specifications, and include photos to back-up your claims.

Is there any National Tax that affects short-term rental?

es, you need to pay tax on your Airbnb rental income. You are liable to pay three taxes which are;

  • Income Tax
  • VAT
  • Regional/Municipal Tax

Income Tax

Hosts are required to pay taxes separately on furnishings, apartments, and other services for those who offer services like breakfast, laundry, pet-sitting, babysitting, etc.; the computation of income tax on tourist accommodations in Belgium is complicated. Unlike other nations, where the host's whole rent is taxed at either a flat rate or a progressive rate for income tax purposes.

Typically, 40% of your rent is categorized as furniture rent, also known as "movable revenue," and the remaining 60% is apartment rent, often known as "immovable income."

Some tax deductions from the movable income are permitted, and the income is taxed at a flat rate of 30%. Your tax return's net amount is subject to a flat 30% rate of taxation. The progressive tax rates on immovable income range from 25% to 50%, but the taxable income is based on "cadastral income" (CI) rather than the actual rental revenue.

Just in case you're new to Belgium and unsure what cadastral income means, allow me to explain it plainly.

The land register calculates cadastral income as the theoretically annual income a property would generate if it were rented out. The 1975 rent is multiplied by the cadastral income calculation year's index rate serves as the starting point. Since 1991, an index is generated for each year. The cadastral revenue is reduced by expenses for upkeep and repairs, and the net cadastral income is then indexed and subject to a flat tax of 40% for properties that are rented as a whole.

If you rent out a section of your residence, the CI only needs to be taken into account in relation to that component of the real estate that is rented out. When a quarter of a property is rented out, for instance, the calculation is 25% of the property multiplied by the number of days the property was rented out during the year, in this particular instance, five days if you only rent out your home during the week. The number of weeks in a year is multiplied by the number of days the property is rented out each week, so 52 weeks multiplied by five days and divided by 365 days equals a year, which is then multiplied by the cadastral revenue to obtain the correct amount to declare.

For instance, If the Cadastral Income is 1,250.00 euros, it will be calculated in this manner to get the amount to declare.

= 1,250.00 * 25% * 52*5/365

= 1,250.00 * 0.25 * 0.71

= 225 euros

In this scenario, the tax office will index your 225 euros to 1.9084 euros for 2022, increase it by 40%, and tax you on the predicted amount for the entire year.

NOTE:

Your Airbnb income is categorized as "miscellaneous income" and taxed at a flat rate of 33%, if you only rent out your accommodation infrequently. You can also exclude your actual out-of-pocket costs such as utilities, repairs, maintenance, etc.) from your gross income, but you should always be able to prove these costs in the event of a tax audit.

VAT

Hosts that earn less than 25,000 euros per year and do not offer additional services such as breakfast, etc., are exempted from collecting VAT from their guests.

VAT may be due even if you earn less than the VAT threshold of 25,000 euros annually but offer additional services, you are considered a business, and you are required to charge your guests 6% VAT and deduct the VAT you pay for your rental in your VAT return.

In Belgium, the annual income determines how frequently a VAT return must be filed. If your annual turnover in Belgium exceeds 2,500,000 euros, you must submit VAT returns on a monthly basis. You can pick between monthly and quarterly VAT returns if your business has a lower annual revenue.

By the 20th of the month following the reporting period, the Belgian authorities must receive the VAT return and payment. The 20th of December of every year is also when a VAT advance payment must be made.

Visit the SPF website for further information.

Tourist tax

Tourist taxes must be collected from your visitors. In Belgium, municipalities and cities have the authority to set the tourist tax rate. If you would like to find out the applicable rate, please check with your local authorities. Alternatively, you can go ahead and subscribe to the lodge compliance premium package for your property to learn about all the requirements that are relevant to your property.

permits, license
Are there any Permits, Licenses, or Registrations for Airbnb in Belgium?
Are there any Permits, Licenses, or Registrations for Short-term Rentals in the Country?

In Belgium, the regulation of short-term rentals is primarily managed at the regional and municipal levels, leading to varying requirements across different areas. There is no centralized national registration system for short-term rentals; instead, hosts must comply with the specific rules and procedures established by their respective local authorities.

Is there any National Association for Airbnb owners in Belgium?
Is there any National Association for STR owners in the Country?

The main national association for short-term rental (STR) owners and operators in Belgium is the Short-Term Rental Belgium (STR Belgium) association.

The Short-Term Rental Belgium (STR Belgium) association supports STR owners by providing compliance updates, advocacy, best practices, and networking opportunities. It assists members, including non-resident owners, in understanding local regulations and navigating tax obligations. Non-resident owners can join and access the same benefits as local hosts, ensuring they meet regulatory requirements and effectively manage their short-term rental operations in Belgium. More information is available on their official website.

National Association for STR Owners
Access the latest compliance requirement for your state below

Disclaimer

Lodge compliance is not a licensed tax or financial advisor. Therefore nothing in the above article should be construed as tax, legal, or financial advice. Contact your local tax office for information regarding your personal circumstance.

Stay Compliant with Ease

Access the tools you need to stay compliant and grow your lodging business effortlessly. With Lodge Compliance, navigating regulations has never been easier.

Get Access