EPC Fines and Sanctions in Brussels
Non-compliance with EPC regulations in Brussels can be very costly. Administrative fines up to € 26 562, criminal sanctions, 275 and 150 targets: discover all the risks and how to avoid them.
Automatic Administrative Fines
Failure to comply with EPC requirements (insulation, ventilation, heating, consumption) results in an automatic administrative fine.
- Works carried out without complying with EPC requirements
- Non-compliance with maximum primary energy consumption levels
- EPC targets not met by the required deadlines
- May be issued up to 5 years after the violation
Amount based on:
- The element concerned (insulation, ventilation, heating)
- The deviation from requirements
- The floor area of the dwelling
The fine is one-off: by paying it you are released from the obligation to comply.
Minimum threshold
The fine is only levied if the total amount exceeds € 125. Below this threshold no fine is imposed.
EPC Targets 275 and 150: Critical Deadlines
All Brussels dwellings must comply with maximum consumption limits, on pain of fines.
Energy label overview
| Label | Consumption (kWh/m²/year) | Performance | Target concerned |
|---|---|---|---|
| A | ≤ 45 | Low consumption | Compliant 2033 + 2045 |
| B | 46 – 95 | Good performance | Compliant 2033 + 2045 |
| C | 96 – 150 | Adequate | Compliant 2033 + just compliant 2045 |
| D | 151 – 210 | Moderate | Compliant 2033 only |
| E | 211 – 275 | Poor | Just compliant 2033 |
| F | 276 – 345 | Very energy-intensive | Non-compliant 2033 |
| G | > 345 | Energy guzzler | Non-compliant 2033 |
Everything about the EPC Certificate →
Calculation of fines for non-compliance
Calculation formula
Fine = administrative fine of € 2.50 per kWh/year deviation from the target, multiplied by the floor area of the dwelling. The deviation is capped at 125 kWh/m²/year maximum.
Calculate your potential fine
Deferral option
Commitment to regularisation within 2 years = partial deferral of the fine. Targets met within the deadline = balance cancelled.
Exception for the 275 target in 2033
No fine if your previous certificate (issued after 1 January 2017, expired after its 10-year term) showed compliance with the 275 target, even if the new one no longer does.
Collective Fines in Co-ownership
In co-owned buildings, the owners' association is jointly responsible if works on common areas have not been initiated.
Each owner pays for their non-compliant unit.
The owners' association receives a fine equal to the sum of all individual fines, divided into shares.
Double penalty
An owner in violation pays twice:
- Their individual fine for the non-compliant unit
- Their share of the collective fine of the owners' association (split among all co-owners)
Calculate the co-ownership fine
Criminal Sanctions
Certain EPC violations fall under criminal law, with much heavier sanctions.
Criminal offences
No EPC Certificate provided to tenants. The notary must report the absence of an EPC Certificate to the public prosecutor.
Periodic boiler inspection not carried out within the required timeframes.
EPC declaration not submitted after permitted works.
Heating requirements not respected (environmental permit).
Possible penalties
- Imprisonment: from 8 days to 2 years
- Fine: from € 50 to € 100 000 in criminal sanctions
Alternatives to criminal prosecution
Mitigating Circumstances
Fine reductions are possible in these situations:
Works physically impossible to carry out.
No service provider or material available within a reasonable timeframe.
The owners' association refuses works on common areas.
Legal proceedings preventing any intervention.
Instalment payment
Instalments possible upon a motivated request to Brussels Environment.
Watch the deadlines
Check before works begin whether you are entitled to a derogation. No retroactive derogation after a fine.
Derogations from EPC Requirements
A derogation allows you to comply with only part of the technical EPC requirements (not the procedures).
EPC requirements covered
Important
A derogation does not exempt you from other EPC obligations or from health and safety requirements.
Accepted grounds for derogation
- Lack of space (ceiling too low, insufficient room)
- Unavailable materials or expertise
- Physical constraints of the building
- Conflict with other regulations (safety, fire, urban planning)
- Damage to the heritage quality of a listed property
- Surface reduction making the dwelling uninhabitable
- EPC works costing 2× more than normal
- Boiler costing 2× more (or 3× if renewable)
- Actual consumption < 100 kWh/m²/year for 3 years (owner-occupier)
Key features of derogations
Good to know
- Often partial: adjustment of requirements rather than complete removal
- Specific: one derogation per specific requirement
- Not automatic: new application required for each deadline
- Linked to the property: not to the personal situation of the owner
Application procedure
| Situation | Application deadline | Competent authority |
|---|---|---|
| New construction, equivalent or major renovation | Before notification of works commencement | Brussels Environment |
| Simple renovation with permit | Before notification of works commencement | Urban Planning Permits Administration |
| Technical installations (heating) | Before or within 30 days after the EPC certificate | Brussels Environment |
| EPC targets 275 and 150 | Regulations not yet applicable | To be determined |
Required documents
Processing time
Decision within 2 months of submission of the complete file.
Imposed heritage derogation
For protected or listed properties, an automatic heritage derogation may be imposed by the authorities.
Right of appeal
Appeal possible to the Environmental Tribunal in the event of refusal or failure to decide.
Appeals and Challenges
Appeal possible to the Environmental Tribunal within 2 months of notification.
2 months from receipt of the notification letter.
Contact the reference person indicated in the fine letter.
Admissible grounds
Grounds: factual error, procedural error, force majeure or good faith. A specialised lawyer is recommended.
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Frequently Asked Questions — EPC Risks Brussels
How long is an EPC Certificate valid?
How does Brussels Environment detect EPC violations?
How to contest an EPC fine in Brussels?
Can a derogation from EPC requirements be obtained?
What are the mandatory EPC targets in Brussels?
Can AL Energy help me avoid EPC fines?
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