In which case should the matter be referred to the Departmental Conciliation Committee (CDC)?
Verified 03 May 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The Departmental Conciliation Commission (CDC) assists the landlord and tenant free of charge in finding an amicable solution to their dispute. The litigation that falls under the jurisdiction of the CDC is different, depending on whether it's private sector housing or social housing. We'll explain.
Private accommodation
Warning
The tenant and the owner of a rented accommodation with a mobility lease cannot appeal to the CDC.
The DCC: titleContent seeks an amicable settlement of disputes between a landlord and a tenant using the dwelling as their principal residence, to avoid recourse to the court if possible.
It is a joint body made up of equal representatives of landlords and tenants.
FYI
The CDC may also intervene in the event of a collective dispute (between an owner and several tenants or a representative association of tenants) concerning the operation of a building or group of buildings.
The DCC: titleContent intervenes for certain disputes, and on condition that the rented accommodation (empty or furnished) is the principal residence of the tenant:
Disputes over the jurisdiction of the CDC | Nature of the action and time limit for bringing the matter before the CDC |
|---|---|
Furnishing (in case of furnished rented accommodation) | Optional |
Rental Expenses | Optional |
Mandatory, in order to be able to refer the matter to the court, if necessary The CDC must be seized within 3 months of the signing of the lease | |
Leave (notice) given by the owner or by the tenant | Optional |
Optional | |
Optional | |
Rent: setting the rent when renting (monitoring the evolution of rents between 2 successive tenants) | Mandatory, in order to be able to refer the matter to the court, if necessary |
Rent: annual review (in case of calculation error) | Optional |
Mandatory , in order to be able to refer the matter to the court, if necessary The CDC must be seized within 4 months of the expiry of the lease | |
Rent: reduction of an overvalued rent (during the lease or at the renewal of the lease) | Mandatory, in order to be able to refer the matter to the court, if necessary The CDC must be seized within 4 months of the expiry of the lease |
Rent: setting the new rent (in the case of a gradual exit lease from the 1948 Act) | Optional The CDC must be seized within 3 months of receipt of the proposal made by the owner |
Housing not decent | Optional The CDC must be seized within 2 months of the formal notice to do the work |
Repairs to be made by the owner or tenant | Optional |
The DCC: titleContent can be seized by the owner or tenant.
Reminder
The tenant and the owner of a rented accommodation with a mobility lease cannot appeal to the CDC.
The DCC: titleContent competent shall be the CDC of the department where the dwelling concerned is located.
According to the CDC concerned, it can be seized:
- By registered letter with acknowledgement of receipt indicating the names and addresses of the tenant and the owner, the subject of the dispute, and in particular providing the copy of the lease, the documents useful to support the file (state of play, emails, letters, plans...), and the reference elements if it is an undervalued rent increase
- By mail, using a print-out form, and available on the CDC website
- Using the online form available on the CDC website.
Conciliation session
After having received a (complete) request for conciliation, the DCC: titleContent hold a conciliation session.
CDC summons the landlord and the tenant by simple mail or by mail at least 15 days before the date of the sitting.
The day of the sitting, the landlord and the tenant must appear in person.
But anyone can be represented by one person, provided that he or she has been given a mandate to do so.
Anyone can also get help from the person of their choice.
2 situations are possible:
- When the landlord and tenant (or their representatives) are present, the CDC first asks each of them to explain their point of view and their proposal for conciliation. Then they try to come to an agreement.
- Where the landlord or tenant is not present or is not represented for a legitimate reason (medical, professional, family, etc.) and justified (in support of a supporting document), the CDC may send a new and final summons to the landlord and tenant. On the day of the next sitting, if the landlord or tenant is not present or not represented, the CDC finds that it is impossible to reconcile them. It may draft an opinion on the situation which may be presented to it by the owner or tenant present.
At the end of the conciliation session
At the end of the conciliation session, a number of situations are possible:
Répondez aux questions successives et les réponses s’afficheront automatiquement
In case of agreement
CDC writes a conciliation document. This document describes the agreement reached. It must be signed by the landlord and the tenant.
As a result, the landlord and tenant can no longer bring the matter before the judge. For example, if the tenant forfeits part of his security deposit, he can no longer bring the matter before the court for restitution.
The CDC will deliver or send this document to the landlord and tenant by simple letter, no later than 2 months after the CDC referral.
If the landlord or tenant does not comply with the agreement as stated in the conciliation document, the injured party may seize the judge so that the agreement is implemented.
In case of partial conciliation
CDC writes a conciliation document showing areas of agreement and areas of disagreement.
This document must be signed by the landlord and tenant.
The CDC will deliver or send this document to the landlord and tenant by simple letter, no later than 2 months after the CDC referral.
In case of disagreement
CDC writes an opinion. This document describes in particular the dispute, the arguments and the wishes of the owner and the tenant.
The CDC will deliver or send this document to the landlord and tenant by simple letter, no later than 2 months after the CDC referral.
After receiving this notice, the landlord or tenant may apply to the judge. Either party may communicate the CDC's opinion to the judge.
Please note
In all cases, the tenant must continue to pay rent and expenses. Only the judge can decide temporarily block rent payment (excluding charges) to the owner, pending resolution of the dispute.
The DCC: titleContent intervenes free of charge.
Social housing
The DCC: titleContent seeks an amicable settlement of disputes between a social landlord and a tenant, to avoid recourse to the court if possible.
It is a joint body made up of equal representatives of landlords and tenants.
FYI
The CDC also intervenes in collective disputes (between a social landlord and several tenants or a representative association of tenants) concerning the operation of a building or group of buildings, or the application of the collective agreement plan or national or local agreements.
The DCC: titleContent intervenes in the following cases:
Disputes over the jurisdiction of the CDC | Nature of the action and time limit for bringing the matter before the CDC |
|---|---|
Rental Expenses | Optional |
Leave (notice) given by the tenant or lessor | Optional |
Security deposit | Optional |
State of entry or exit | Optional |
Indecent housing | Optional The CDC must be seized within 2 months of the formal notice to do the work |
Repairs to be made by the lessee or lessor | Optional |
The DCC: titleContent may be seized by the social lessor or by the tenant.
The DCC: titleContent competent shall be the CDC of the department where the dwelling concerned is located.
According to the CDC concerned, it can be seized:
- By registered letter with acknowledgement of receipt indicating the names and addresses of the tenant and the owner, the subject of the dispute, and in particular providing the copy of the lease, the documents useful to support the file (state of play, emails, letters, plans...), and the reference elements if it is an undervalued rent increase
- By mail, using a print-out form, and available on the CDC website
- Using the online form available on the CDC website.
Conciliation session
After having received a (complete) request for conciliation, the DCC: titleContent hold a conciliation session.
CDC summons the social landlord and the lessee by simple mail or by mail at least 15 days before the date of the sitting.
The day of the sitting, the social landlord and the lessee must appear in person.
But anyone can be represented by one person, provided that he or she has been given a mandate to do so.
Anyone can also get help from the person of their choice.
2 situations are possible:
- When the social landlord and the tenant (or their representatives) are present, the CDC first asks each of them to explain their views and their proposal for conciliation. Then they try to come to an agreement.
- When the social lessor or tenant is not present or is not represented for a legitimate reason (medical, professional, family reason, etc.) and justified (in support of a supporting document), the CDC may send a new and final summons to the owner and tenant. On the day of the new session, if the social landlord or tenant is not present or not represented, CDC finds that it is impossible to reconcile them. It may draft an opinion on the situation which may be presented to it by the social lessor or the tenant present.
At the end of the conciliation session
At the end of the conciliation session, a number of situations are possible:
Répondez aux questions successives et les réponses s’afficheront automatiquement
In case of agreement
CDC writes a conciliation document. This document describes the agreement reached. It must be signed by the social landlord and the tenant.
Consequently, the social lessor and the lessee can no longer bring the matter before the court. For example, if the tenant forfeits part of his security deposit, he can no longer bring the matter before the court for restitution.
FYI
The CDC shall deliver or send this document to the social lessor and the lessee by simple letter, no later than 2 months after the referral to the CDC.
However, if the social lessor or the lessee does not comply with the agreement as indicated in the conciliation document, the injured party may refer the matter to the judge so that the agreement is implemented.
In case of partial conciliation
CDC writes a conciliation document showing areas of agreement and areas of disagreement.
This document must be signed by the social landlord and the tenant.
The CDC shall deliver or send this document to the social lessor and the lessee by simple letter, no later than 2 months after the referral to the CDC.
In case of disagreement
CDC writes an opinion. This document describes in particular the dispute, the arguments and the wishes of the social landlord and the tenant.
The CDC shall deliver or send this document to the social lessor and the lessee by simple letter, no later than 2 months after the referral to the CDC.
After receiving this notice, the social lessor or lessee may apply to the judge. Either party may communicate the CDC's opinion to the judge.
Please note
In all cases, the tenant must continue to pay rent and expenses. Only the judge can decide temporarily block rent payment (excluding charges) to the owner, pending resolution of the dispute.
The DCC: titleContent is provided free of charge.
Who can help me?
Find who can answer your questions in your region
- Departmental Conciliation Committee
- Departmental Agency for Housing Information (Adil)
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Cost: free service
The informants who answer you belong to the ministry in charge of housing and city planning.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
The service is available at the following times:
- Lundi : de 08h30 à 16h15
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
General Competencies
Furnished accommodation
FAQ
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