Lawyer Anderlecht: justice of the peace, tenancy and traffic cases

EXPERTISE DETAIL

Lawyer Anderlecht: justice of the peace, tenancy and traffic cases

Looking for a lawyer for Anderlecht? Novex Advocaten assists residents and businesses in Anderlecht from our office on Avenue Louise (Louizalaan) in Brussels, in English, French, Dutch and Arabic. This article explains which courts have jurisdiction for Anderlecht, in which language proceedings are conducted and which matters we can help you with: tenancy disputes, traffic cases, commercial leases and unpaid invoices.

Lawyer for Anderlecht: which courts have jurisdiction?

Anderlecht is part of the judicial district of Brussels (gerechtelijk arrondissement / arrondissement judiciaire) and lies in the bilingual Brussels-Capital Region. For most disputes, you will deal with the following courts:

  • the justice of the peace (vredegerecht / justice de paix): Anderlecht has two judicial cantons, each with its own justice of the peace. Which canton has jurisdiction depends on the part of the municipality where you live or where the property is located; we will check this for you. The justice of the peace hears, among other things, all tenancy disputes regardless of the amount, disputes between neighbours and money claims up to EUR 5,000;
  • the Brussels police court (politierechtbank / tribunal de police): for traffic offences and damages claims after road accidents, with a Dutch-speaking and a French-speaking police court;
  • the Brussels court of first instance (rechtbank van eerste aanleg / tribunal de première instance): including the family court and the criminal court (correctionele rechtbank / tribunal correctionnel). These are two separate courts, one Dutch-speaking and one French-speaking;
  • the Brussels enterprise court and labour court (ondernemingsrechtbank / tribunal de l’entreprise – arbeidsrechtbank / tribunal du travail): for disputes between businesses, bankruptcies and employment disputes, again each with a Dutch-speaking and a French-speaking court.

In which language will your case be heard?

In Brussels, proceedings can be conducted in Dutch or in French. The Act of 15 June 1935 on the use of languages in judicial matters determines which language is used. In certain cases, you can ask for the case to be heard in the other language.

In criminal cases, the language generally depends on the language you yourself used during the pre-trial investigation, for example when you were questioned by the police. We plead in both languages and explain everything to you in the language of your choice, including English or Arabic. Read more about changing the language of proceedings before the police court.

Tenancy disputes in Anderlecht: the Brussels rules

A rented home in Anderlecht is governed by the Brussels Housing Code (Brusselse Huisvestingscode / Code bruxellois du Logement). For leases concluded or renewed on or after 1 November 2024, the rental deposit (huurwaarborg / garantie locative) is capped at two months’ rent, whatever its form. Rent and charges must also be paid through a bank account.

The landlord must have the lease registered; without registration, the landlord cannot index the rent. In addition, Brussels has a winter moratorium on court-ordered evictions, subject to exceptions. Read more about the rental deposit and about eviction.

For all these disputes, the justice of the peace of the canton where the home is located has jurisdiction. Read more about a tenancy dispute before the justice of the peace.

Traffic cases before the police court

If you have been summoned (dagvaarding / citation) to appear before the police court, it pays to have the criminal file reviewed. In most cases you do not need to appear in person: we can represent you. Read more about receiving a summons to the police court.

Offences committed from 1 September 2026: penalty levels

Since 1 September 2026, the penalty levels (strafniveaus / niveaux de peine) of the new Criminal Code apply to new offences. Most traffic offences fall under level 1, which does not include imprisonment. Driving without a licence, driving during a driving ban (verval van het recht tot sturen / déchéance du droit de conduire) and repeat driving under the influence within three years fall under level 2, which also allows a prison sentence of six months to three years. Some examples of the fines actually payable, including the statutory surcharge (opdeciemen / décimes additionnels):

  • speeding (level 1): EUR 100 to 5,000;
  • alcohol intoxication from 0.35 mg/l of exhaled alveolar air (level 1): EUR 2,000 to 20,000;
  • hit-and-run with material damage only (level 1): EUR 2,000 to 20,000;
  • driving without a licence (level 2): EUR 2,000 to 20,000;
  • repeat driving under the influence within three years (level 2): EUR 4,000 to 50,000.

In addition to the fine, the court may impose a driving ban and reinstatement tests (herstelexamens / examens de réintégration). From 1.8 grams of alcohol per litre of blood (0.78 mg/l of exhaled alveolar air), the court will in principle order an alcohol interlock (alcoholslot / éthylotest antidémarrage). Suspension of the pronouncement (opschorting van de uitspraak / suspension du prononcé), a suspended sentence (uitstel / sursis) and community service (werkstraf / peine de travail) remain possible; for community service, you can give your consent in person or through your lawyer. Read more about the new Criminal Code in traffic cases.

Offences committed before 1 September 2026

For offences committed before 1 September 2026, the former penalties of the Road Traffic Act (Wegverkeerswet / loi relative à la police de la circulation routière) still apply, and for some offences these still include imprisonment. If the new rules are more lenient, the more lenient penalty applies (Article 2 of the Criminal Code). We compare both regimes for your case.

Immediate withdrawal of your driving licence

If your driving licence was withdrawn immediately after a roadside check (onmiddellijke intrekking / retrait immédiat), the withdrawal lasts in principle fifteen days; the police court can extend it by up to three months. Read more about the immediate withdrawal of a driving licence.

Businesses in Anderlecht

Anderlecht is home to many shopkeepers, tradespeople and small businesses. Two questions come up most often: commercial leases and unpaid invoices.

Commercial leases: request renewal in time

A commercial lease (handelshuur / bail commercial) generally runs for at least nine years. A tenant who wishes to continue the business at the same premises is entitled to a maximum of three renewals of nine years each. Renewal must be requested between the eighteenth and the fifteenth month before the lease expires, by registered letter or by bailiff’s writ. A tenant who misses this window loses the right to renewal.

The request states the proposed terms and expressly mentions that the landlord will be deemed to agree if they do not reply within three months. Disputes over a commercial lease fall, regardless of the amount, within the jurisdiction of the justice of the peace of the place where the property is located (Articles 591, 1° and 629, 1° of the Judicial Code). Read more about renewing and terminating a commercial lease.

Unpaid invoices

Between businesses, an undisputed money debt can be recovered through the procedure for uncontested debts (IOS procedure), without a court being involved. If your customer does not respond within the time limit to the demand for payment served by a bailiff (gerechtsdeurwaarder / huissier de justice), either by paying or by disputing the claim, you obtain an enforceable title. Read more about the IOS procedure.

If the customer disputes the invoice, ordinary court proceedings follow. If both parties are businesses, the enterprise court has jurisdiction regardless of the amount; otherwise, the justice of the peace generally has jurisdiction up to EUR 5,000. Read more about recovering unpaid invoices.

Other areas of law

  • Criminal law: assistance during a police interview, a house search or a summons before the criminal court. Read more about your rights during a police interview.
  • Family law: divorce, residence arrangements for children and child maintenance before the Brussels family court. Read more about separation, parental authority and residence arrangements.
  • Debt recovery: unpaid invoices and loans, from formal notice to attachment.
  • Businesses: contracts, general terms and conditions, debts owed to the National Social Security Office (RSZ / ONSS) or the tax authorities, and bankruptcy.

How does your lawyer for Anderlecht work?

You contact us by phone or email and briefly outline your situation. We immediately give you an initial assessment of the approach and the costs, and agree clear terms on our fees. We also check whether legal expenses insurance covers your costs. If your income is limited, we inform you about second-line legal aid (juridische tweedelijnsbijstand / aide juridique de deuxième ligne) through the Legal Aid Office (Bureau voor Juridische Bijstand / Bureau d’Aide Juridique).

A meeting can take place at our office on Avenue Louise, by phone or by video call. In urgent matters, such as a hearing scheduled within a few days, we respond as quickly as possible, if necessary on the same day.

Frequently asked questions

Which justice of the peace has jurisdiction for my home in Anderlecht?

The justice of the peace of the canton where the home is located; Anderlecht has two. We check which canton has jurisdiction for your address.

Do I need to come to the office for a meeting?

No. Many cases can largely be handled remotely, with documents you send us by email. For a first meeting about a complex case, however, meeting in person is often useful.

Which documents should I bring?

Everything you have received or sent about the matter: a summons, a judgment, the lease and the inventory of condition (plaatsbeschrijving / état des lieux), invoices, letters, emails and messages. With these documents, we can assess your situation correctly from the outset and check the time limits that apply to you.

Can you also assist me if the case is heard outside Brussels?

Yes. Among others, we also plead before the police courts of Halle, Vilvoorde, Leuven and Aalst, and assist clients throughout Brussels and Flemish Brabant.

Contact

Novex Advocaten, Avenue Louise 379, 1050 Brussels. Call 0484 99 22 72 or email asfour@novexadvocaten.be for an initial discussion of your case.

Sources