Surreal : we have learnt that the approval of the implementing decree for the ordinance on tourist accommodation in the Brussels-Capital Region of 1 February 2024 is reportedly on the agenda for the Council of Ministers meeting this Thursday, 9 July 2026.
Retrospection:
- 24 April 2016 to the present: implementation of the ordinance on Tourist Accommodation of 8 May 2014 through its implementing decree of 24 April 2016, resulting in a market where 95 per cent of short term rental accommodation is operating illegally, to the detriment of tourists and all those in the tourist accommodation sector who are trying to operate within the rules, including hoteliers
- 1 February 2024: the previous Government of Vervoort – against all odds, in the face of opposition from the MR-Engagés – approved the new ordinance of 1 February 2024 on tourist accommodation in the Brussels-Capital Region, without addressing the fundamental discrepancy between economic and town planning policies (PRAS, 2001)
- 5 August 2024: an application for annulment was lodged with the Constitutional Court by a group of applicants, including STR-Belgium
- 17 July 2025: the Constitutional Court stayed proceedings on a number of claims in its Judgment No. 106/2025, pending the judgment of the Court of Justice of the European Union in the Smartflats case (Case C-813/24)
- 5 February 2026: an unequivocal opinion from the Advocate General of the Court of Justice of the European Union: a (dark) red card for the ordinance of 8 May 2014 and its implementing decree of 24 April 2016!
- 9 July 2026: the item concerning the approval of the implementing decree for the ordinance of 1 February 2024 is reportedly on the agenda of the Council of Ministers, at the initiative of the MR, without even waiting for the judgment of the CJEU, even though the opinion of its Advocate General might at the very least have called for a degree of caution on the part of the Government
A few fundamental questions:
- Where is the Government’s analysis of the direct and indirect economic impact to justify this decision, particularly in light of the very recent Eurostat figures dated 2 July 2026? What will become of the 579,642 overnight stays recorded in Q4 2025, and those in other quarters, in the future? What will be the impact on Brussels’ appeal, given the drastic reduction in the diversity of accommodation on offer and the resulting increase in room rates in traditional hotels? Has the Government quantified the increase in the availability of short-term accommodation resulting from the announced simplification of the registration process for main residences? This latest measure appears to be used by the Government as a pretext to clumsily justify its high-handed approach …
- Why, moreover, has the Government categorically refused to share its draft decree with the sector?
- How does the Government take into account the marginal effect of undermining the short-term rental market on the availability of affordable, good-quality housing in the long-term rental market, as highlighted in recent studies such as that by ING Belgium?
- Last but not least: what justifies this decision, more than two years after the publication of the order of 1 February 2024 and without due consideration of the signals sent by the CJEU, whose confirmation is expected imminently? Ultimately … who stands to gain from this?
STR-Belgium remains willing to work together – with the Regional Government and the competitive sectors – to shape the Brussels tourist accommodation market of the future, ensuring it is competitive, innovative and sustainable. But if the Brussels Government wishes to continue operating behind closed doors and considers it legitimate to ignore the (strong) warning from the Advocate General of the CJEU, what trust can we still place in this new Government? Whilst the political path may no longer make sense, STR-Belgium’s determination to secure the best possible economic outcome that safeguards the public interest through legal channels remains undiminished. It is truly regrettable that it has come to this …
