The answer depends on the exact wording of the condominium statutes, when the prohibition was adopted and when the tourist activity started. Registry decisions published in 2026 have stressed this distinction.
Not every clause has the same effect
A clause limiting residential use does not necessarily have the same scope as an express prohibition on tourist activities. The first step is therefore to obtain the full, current statutes and examine their wording.
Activities started after 3 April 2025
For new activities under the current regime, express condominium approval is particularly important. Where an applicable statutory prohibition exists, Directorate General decisions indicate that an amendment of the statutes may have to be considered first.
Informal knowledge among neighbours, another tourist apartment in the building or years without complaints does not necessarily replace the legal title required by the applicable rules.
What about older activities?
The Horizontal Property Act contains a specific transitional provision for owners who were already carrying out the activity before 3 April 2025 and had previously complied with tourism rules. The date and administrative position should be documented.
Before buying
- Obtain the condominium statutes and deed.
- Review previous owners’ meeting minutes.
- Check the date of the tourism authorisation.
- Verify municipal and regional rules.
- Assess whether a statutory prohibition exists and how it could be amended.
In property transactions intended for tourist use, an early review of condominium law can prevent difficult problems later.