Can you index a rent without an EPC certificate in Brussels?

Short answer

No: in Brussels, it is impossible to index a rent without an EPC certificate. The landlord must hold a valid certificate and have provided it to the tenant before requesting the indexation — whatever the dwelling’s energy class. On top of that, for leases that took effect before 14 October 2022 with an EPC of E, F or G, a permanent correction factor reduces the indexed amount.

The Brussels rule: two prior conditions

Indexation is never automatic: the landlord must request it, once a year, on the lease anniversary. In Brussels, since 14 October 2022, the Brussels Housing Code (art. 224/2) imposes two prior conditions on any indexation:

1. the written lease must be registered (an obligation that already existed — see our guide unregistered lease: can you index?);
2. the dwelling’s EPC certificate must be valid at the time the indexation is requested, and have been provided to the tenant.

If either condition is missing, the indexation is not due. In practice, on the EPC side:

Situation	Indexation possible?
Valid EPC certificate, provided to the tenant (and registered lease)	✅ Yes (with a correction factor if the lease predates 14/10/2022 and the EPC is E, F or G)
Expired EPC certificate	❌ No — a new certificate must first be drawn up and provided
No EPC certificate at all	❌ No — no indexation until the condition is met

The certificate must be valid at the time of indexation, not just when the lease was signed. A certificate issued in 2016 that has since expired is no longer enough: the landlord must renew it before indexing.

Leases predating 14 October 2022: the E-F-G correction factor

For leases that took effect before 14 October 2022, the Brussels Region additionally applies a permanent correction factor when the dwelling is rated E, F or G. This factor, fixed once and for all in the law, depends on the lease’s anniversary month. Three cumulative conditions:

1. the lease took effect before 14 October 2022;
2. the dwelling’s EPC certificate is E, F or G;
3. the dwelling is rented on the private or public market (excluding social housing companies and the Housing Fund).

Classes A to D index at 100% under the standard federal calculation. Leases signed from 14 October 2022 onwards are not subject to the factor — but remain subject to the certificate requirement.

The month-by-month coefficients are detailed on our EPC factors in Brussels page.

Worked example: same lease, three outcomes

Take a Brussels lease signed on 1 March 2021, base rent €900, indexed at the March 2026 anniversary (real Statbel health indexes, 2013 base):

Case	Calculation	Indexed rent
EPC C (valid certificate)	900 × (138.06 / 110.39)	€1,125.59
EPC F (valid certificate)	€1,125.59 × 0.935992433	€1,053.54
No EPC certificate	indexation impossible	€900.00

The gap is far from symbolic: between “EPC C” and “no certificate”, the difference is €225.59 per month, i.e. more than €2,700 per year. Having a certificate drawn up costs a fraction of that amount — for a landlord, not being compliant is the worst financial option.

You can reproduce this calculation with your own lease using the Brussels indexation calculator.

Landlord: how to get compliant

1. Check whether a certificate exists and is still valid. Our guide how to find your EPC certificate details the steps.
2. Have a certificate drawn up if needed, by a residential certifier accredited by Brussels Environment.
3. Provide the certificate to the tenant (preferably in writing, keeping proof).
4. Index at the next lease anniversary, applying the correction factor if your lease predates 14 October 2022 with an EPC of E, F or G.

Note: the indexation is not due for periods when the conditions were not met. Once compliant, the general retroactivity rules apply — a written request only has retroactive effect for the three months preceding the month of the request, and only for periods when the indexation was actually due. Details in our guide on retroactive indexation.

Tenant: what to do if you are indexed without an EPC certificate?

If your landlord applies an indexation without ever having provided you with a valid EPC certificate, the legal condition is not met. You can:

• request a copy of the valid EPC certificate in writing;
• refuse the indexation as long as the condition is not met (see can you refuse an indexation?);
• claim reimbursement of unduly paid indexations if you paid an indexation applied while the conditions were not met;
• in case of deadlock, apply to the justice of the peace for the dwelling’s location — the conciliation procedure is free.

Your rights are detailed in our guide on tenant rights and indexation.

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Sources: be.brussels — Rent indexation (Brussels-Capital Region), be.brussels — Indexation with correction factor, Bruxelles-J — Le loyer, Brussels Housing Code (art. 224/2, ordinance of 11 October 2022), Statbel health indexes.