Bill Proposes Cap on Real Estate Agents’ Commissions

According to a 2016 study by the BMA, commission fees in property sales generally range between 2% and 4% of the sale price in practice. For a property valued at EUR 390,000, this represents almost EUR 19,000 in agency fees (including VAT), in addition to registration duties and notarial fees.

Although real estate agents are required to be transparent regarding their remuneration, there is currently no legal ceiling limiting these costs.

Against this backdrop, a bill was introduced in the Belgian Chamber of Representatives on 30 April 2026, aiming to establish a statutory cap on the fees that real estate agents may charge for the sale and lease of residential properties.

Current Legal Framework

At present, Belgian law does not impose any statutory cap on the remuneration of real estate agents involved in the sale or lease of residential real estate. In principle, agency fees are freely determined and contractually agreed between the real estate agent and the client.

Nevertheless, a number of general rules apply. Real estate agents must be transparent about their fees and communicate them clearly in advance. Before entering into the agreement, the consumer must be informed of the remuneration due, which must also be recorded in writing.

What Does the Bill Specifically Propose?

The bill amends the Act of 11 February 2013 organising the profession of real estate agent and introduces mandatory maximum fees that are considered matters of public order.

Sale of Residential Properties

• Maximum commission: 3% (excluding VAT) of the actual sale price paid;
• No separate charging of additional costs (e.g. administrative or file management fees);
• Only one commission may be charged per transaction.

Lease of Residential Properties

• Maximum remuneration: one month’s rent (excluding VAT);
• Syndic fees and other charges are not included in the calculation.

The bill applies exclusively to residential real estate. It does not apply to commercial real estate, office buildings, logistics premises or other forms of investment property.

In the context of leases, the cap applies only to residential tenancy agreements where the tenant establishes his or her principal residence in the leased property. Other types of leases fall outside the scope of the proposed legislation.

The bill expressly provides that any contractual clause stipulating higher fees is automatically null and void to the extent that it exceeds the statutory limit, without affecting the validity of the remaining contractual provisions.

Practical Implications

For real estate agents, the proposal constitutes a clear restriction on contractual freedom. The possibility of charging additional fees on top of the commission, such as administrative or file management costs, would disappear, as the fee structure is conceived as an all-inclusive remuneration.

The question also arises as to the extent to which the sector may seek alternative approaches to mitigate the impact of the cap, for example by limiting the scope of services included in the standard package. Along the same lines, it cannot be excluded that real estate agents may increasingly encourage clients to obtain the required certificates and documents themselves.

Indeed, the Royal Decree of 28 September 2018 on real estate brokerage agreements between businesses and consumers treats certificate costs as third-party expenses that may be passed on separately from the agent’s fee and already allows consumers to obtain such certificates themselves. Whether certificate costs requested by the real estate agent in the name and on behalf of the client would fall within the prohibition on additional remuneration is a question that the bill does not expressly address and which merits clarification during the further parliamentary proceedings.

Although the proposal strictly limits pricing, competition between real estate agents would remain possible. However, competition would shift from price to other factors, such as quality of service, speed of sale and professional expertise.

For purchasers and tenants, the proposed framework would provide greater legal certainty regarding the maximum cost of the real estate agent’s intervention.

European Context

The bill is consistent with recent case law of the Court of Justice of the European Union.

In its judgment of 27 February 2025, AEON NEPREMIČNINE and Others, C-674/23, the Court confirmed that Member States may, under certain conditions, introduce price caps on the remuneration of real estate agents. According to the Court, such measures are not incompatible with EU law, provided that they are proportionate and pursue an objective of general interest.

In this regard, reference was made to Slovenian legislation establishing a statutory maximum commission for real estate transactions. The Court held that such a measure may contribute to housing affordability and consumer protection, given that these costs are often passed on in practice through the sale price or rent. This judgment therefore provides important legal support for the Belgian legislative proposal.

Entry into Force and Scope of Application

If adopted, the legislation will enter into force six months after its publication in the Belgian Official Gazette (Belgisch Staatsblad / Moniteur belge). Furthermore, it will apply only to agreements concluded after its entry into force.

As the text currently remains a legislative proposal, it is uncertain whether, and when, the proposed regime will ultimately enter into effect.

Conclusion

If adopted, the bill will bring significant changes to residential real estate practice in Belgium, with direct consequences for all parties involved in the purchase, sale and lease of residential properties.

For further information regarding real estate transactions and real estate brokerage services, you may contact Andersen’s Real Estate team.