Monday, October 5, 2015

More and more people are thinking about modifying their real estate in town in student flats (“kots”).

It's legally possible, but certain rules must be respected.

The transformation of a single family home in "kots" of students or the development of a "kot" student home implies obtaining a prior planning permission.

In Wallonia, you also need a rental license to rent a “kot”.

Are concerned :

1. collective housing and small individual dwellings, rented or leased to persons who have their residence there or not but live at that place most of the year.

2. collective housing and small individual dwellings rented or leased and whose main purpose is hosting students.

Collective dwellings are buildings with one or more local the various renters can use collectively (living rooms, kitchens, bathrooms, W-C, ...). The "furnished" or "trimmed" obviously fall into this category. The “kots” are most of the time collective dwellings.

Small individual dwellings are small homes, apartments, studios, where tenants can fully live (cook, stay, sleep) without having to share living space or sanitary facilities with other occupants.

Is concerned only the small individual housing which living space is smaller or equal to 28 m². (It should be noted that the halls, bathrooms, W.C., etc ... do not count in the living area).

By opposition, are not covered dwellings in the building where the landlord lives if the building has a maximum of two housing and four tenants.

A licensed investigator will include a visit of the premises to control the quality of the “kot” leased.

The purpose of this visit is to control various elements (safety, security, number of rooms, fire safety, respects the applicable provisions rental “kots”).

Note that it is mandatory to conclude a lease agreement in 3 copies (one for the lessor, the second for the lessee and the last one for the mandatory registration of the contract).

In case of non-compliance for “kots” rentals, penalties may apply.

There may be administrative penalties, civil penalties or criminal penalties.

Be careful!