What is the risk to the owner of an unhealthy or ruin-threatening building or dwelling?
Verified 12 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)
As the owner of a building or dwelling unhealthy or threatening ruin (in peril)However, you may face a prison sentence, a fine and an additional penalty if you are responsible for certain facts.
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Willfully and without legitimate reason refuse to carry out the measures prescribed by the order for unsanitary or safe treatment (danger)
You risk 1 year imprisonment and a fine of €50,000.
Judges may also add one of the following additional sentences:
- Confiscation of the immovable or dwelling
- Prohibition on engaging in a professional or social activity for a maximum period of five years where the facilities provided by that activity were used to prepare for or commit the offense
- Prohibition to purchase a property for rent for up to 10 years.
Where the acts are committed against a occupier who is a vulnerable person, including an illegal foreigner national, the offense is punishable by 2 years' imprisonment and €75,000 of fine.
Make available a room for housing purposes, clearly leading to its overoccupancy despite the prefect's formal notice
You risk 2 years imprisonment and a fine of €75,000.
Judges may also add one of the following additional sentences:
- Confiscation of the immovable or dwelling
- Prohibition on engaging in a professional or social activity for a maximum period of five years where the facilities provided by that activity were used to prepare for or commit the offense
- Prohibition to purchase a property for rent for up to 10 years.
Where the acts are committed against a occupant who is avulnerable person, including an irregular foreigner national, the offense is punishable by 3 years' imprisonment and €100,000 of fine.
Refuse to relocate or accommodate the tenant, although they are able to do so
You risk 3 years imprisonment and a fine of €100,000.
Judges may also add the following additional penalties:
- Confiscation of the immovable or dwelling
- Prohibition on engaging in a professional or social activity for a maximum period of five years where the facilities provided by that activity were used to prepare for or commit the offense
- Prohibition to purchase a property for rent for up to 10 years.
Where the acts are committed against a occupier who is a vulnerable person, including an illegal foreigner national, the offense is punishable by five years' imprisonment and €150,000 of fine.
Threaten the tenant to renounce resettlement
You risk 3 years imprisonment and a fine of €100,000.
Judges may also add the following additional penalties:
- Confiscation of the immovable or dwelling
- Prohibition on engaging in a professional or social activity for a maximum period of five years where the facilities provided by that activity were used to prepare for or commit the offense
- Prohibition to purchase a property for rent for up to 10 years.
Where the acts are committed against a occupier who is a vulnerable person, including an illegal foreigner national, the offense is punishable by five years' imprisonment and €150,000 of fine.
Continue to collect rent or any other amount (including retroactively) while the home is under an unsanitary or unsafe order (hazard)
You risk 3 years imprisonment and a fine of €100,000.
Judges may also add the following additional penalties:
- Confiscation of the immovable or dwelling
- Prohibition on engaging in a professional or social activity for a maximum period of five years where the facilities provided by that activity were used to prepare for or commit the offense
- Prohibition to purchase a property for rent for up to 10 years.
Where the acts are committed against a occupier who is a vulnerable person, including an illegal foreigner national, the offense is punishable by five years' imprisonment and €150,000 of fine.
Degrade the dwelling or make it unfit for the dwelling to make the tenant leave
You risk 3 years imprisonment and a fine of €100,000.
Judges may also add the following additional penalties:
- Confiscation of the immovable or dwelling
- Prohibition on engaging in a professional or social activity for a maximum period of five years where the facilities provided by that activity were used to prepare for or commit the offense
- Prohibition to purchase a property for rent for up to 10 years.
When the acts are committed against an occupant who is a vulnerable person, including an illegal foreigner national, the offense is punishable by five years' imprisonment and €150,000 of fine.
Refusing to comply with the request for the cessation of the supply of premises or installations for housing purposes or a prohibition on living, using or accessing the premises
You risk 3 years imprisonment and a fine of €100,000.
Judges may also add the following additional penalties:
- Confiscation of the immovable or dwelling
- Prohibition on engaging in a professional or social activity for a maximum period of five years where the facilities provided by that activity were used to prepare for or commit the offense
- Prohibition to purchase a property for rent for up to 10 years.
Where the acts are committed against an occupier who is a vulnerable person, including an illegal foreigner national, the acts shall be punished by five years' imprisonment and €150,000 of fine.
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Willfully and without legitimate reason refuse to carry out the measures prescribed by the order for unsanitary or safe treatment (danger)
You risk 1 year imprisonment and a fine of €50,000.
Judges may also add one of the following additional sentences:
- Confiscation of the immovable or dwelling
- Prohibition on engaging in a professional or social activity for a maximum period of five years where the facilities provided by that activity were used to prepare for or commit the offense
- Prohibition to purchase a property for rent for up to 10 years.
Where the acts are committed against a occupier who is a vulnerable person, including an illegal foreigner national, the offense is punishable by 2 years' imprisonment and €75,000 of fine.
Make available a room for housing purposes, clearly leading to its overoccupancy despite the prefect's formal notice
You risk 2 years imprisonment and a fine of €75,000.
Judges may also add one of the following additional sentences:
- Confiscation of the immovable or dwelling
- Prohibition on engaging in a professional or social activity for a maximum period of five years where the facilities provided by that activity were used to prepare for or commit the offense
- Prohibition to purchase a property for rent for up to 10 years.
Where the acts are committed against a occupant who is avulnerable person, including an irregular foreigner national, the offense is punishable by 3 years' imprisonment and €100,000 of fine.
Refuse to relocate or accommodate the tenant, although they are able to do so
You risk 3 years imprisonment and a fine of €100,000.
Judges may also add the following additional penalties:
- Confiscation of the immovable or dwelling
- Prohibition on engaging in a professional or social activity for a maximum period of five years where the facilities provided by that activity were used to prepare for or commit the offense
- Prohibition to purchase a property for rent for up to 10 years.
Where the acts are committed against a occupier who is a vulnerable person, including an illegal foreigner national, the offense is punishable by five years' imprisonment and €150,000 of fine.
Threaten the tenant to renounce resettlement
You risk 3 years imprisonment and a fine of €100,000.
Judges may also add the following additional penalties:
- Confiscation of the immovable or dwelling
- Prohibition on engaging in a professional or social activity for a maximum period of five years where the facilities provided by that activity were used to prepare for or commit the offense
- Prohibition to purchase a property for rent for up to 10 years.
Where the acts are committed against a occupier who is a vulnerable person, including an illegal foreigner national, the offense is punishable by five years' imprisonment and €150,000 of fine.
Continue to collect rent or any other amount (including retroactively) while the home is under an unsanitary or unsafe order (hazard)
You risk 3 years imprisonment and a fine of €100,000.
Judges may also add the following additional penalties:
- Confiscation of the immovable or dwelling
- Prohibition on engaging in a professional or social activity for a maximum period of five years where the facilities provided by that activity were used to prepare for or commit the offense
- Prohibition to purchase a property for rent for up to 10 years.
Where the acts are committed against a occupier who is a vulnerable person, including an illegal foreigner national, the offense is punishable by five years' imprisonment and €150,000 of fine.
Degrade the dwelling or make it unfit for the dwelling to make the tenant leave
You risk 3 years imprisonment and a fine of €100,000.
Judges may also add the following additional penalties:
- Confiscation of the immovable or dwelling
- Prohibition on engaging in a professional or social activity for a maximum period of five years where the facilities provided by that activity were used to prepare for or commit the offense
- Prohibition to purchase a property for rent for up to 10 years.
When the acts are committed against an occupant who is a vulnerable person, including an illegal foreigner national, the offense is punishable by five years' imprisonment and €150,000 of fine.
Refusing to comply with the request for the cessation of the supply of premises or installations for housing purposes or a prohibition on living, using or accessing the premises
You risk 3 years imprisonment and a fine of €100,000.
Judges may also add the following additional penalties:
- Confiscation of the immovable or dwelling
- Prohibition on engaging in a professional or social activity for a maximum period of five years where the facilities provided by that activity were used to prepare for or commit the offense
- Prohibition to purchase a property for rent for up to 10 years.
Where the acts are committed against an occupier who is a vulnerable person, including an illegal foreigner national, the acts shall be punished by five years' imprisonment and €150,000 of fine.
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Telephone administrative information - Allo Public Service
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Info housing undignified (unsanitary, dangerous...)
An advisor from a departmental agency for information on housing (Adil) explains the steps to be taken if you live in an undignified housing (unhealthy, in danger...) or if you are aware of such a situation.
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- Departmental Agency for Housing Information (Adil)
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