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If I am turned away when renting a home, applying for a job or in a shop because of my origin or my religion, is that a crime?

In short

Yes, it can be. Deliberately treating someone differently because of their origin, religion or another protected characteristic is a crime when letting a home, at work, and in goods and services offered to the public (level 2). You can report it to Unia free of charge.

This rule in 74 seconds
Video transcript

You call a landlord about a flat. When he hears your name, he says: I don't rent to foreigners. Not allowed: Deliberately turning someone away for their origin, religion or another protected characteristic is a crime: level 2. This applies to housing, hiring and shops. The right way: Keep the advert, the messages and the witnesses' details. Report it to Unia for free: 0800 12 800 or online. Consequences (Level 2 offence): Prison: 6 months – 3 years; Or community service: 120 – 300 hours; Victim: Can claim compensation.

What is not allowed, what is required?

  • Protected characteristics include origin, skin colour, nationality, language, religion or belief, sex, age, disability, state of health and wealth (Criminal Code art. 249).
  • Deliberately discriminating when letting a home, or in a shop, café or other service – in other words, in goods and services offered to the public – is a crime (art. 254, level 2).
  • Deliberately discriminating in employment, for example when hiring or dismissing someone, is also a crime (art. 255, level 2). Discrimination by a public official in the course of their duties is also level 2 (art. 253).
  • For a criminal case, the discrimination must have been deliberate (intentional). Keep the advert, the messages and the contact details of any witnesses.
  • You can report it to Unia free of charge on 0800 12 800 or online. For discrimination in housing or education in Flanders, you can also contact the Flemish Human Rights Institute (Vlaams Mensenrechteninstituut, VMRI).

Penalty and indirect consequences

Fine / payment
Prison is a last resort; the judge can also impose another penalty, such as community service. The victim can also claim compensation.

Legal basis:FOD Justitie – Hervorming Strafwetboek

Court / prison
Level 2: 6 months – 3 years in prison, or 1 month – 1 year of electronic monitoring, 120 – 300 hours of community service or 12 months – 2 years of probation.

Legal basis:Strafwetboek (W 29.2.2024) Boek I, art. 36

What does this level mean? Criminal Code, level 2: 6 months – 3 years in prison or an alternative sentence. All penalty levels →

What really matters: the indirect consequences

What do these terms mean?

Criminal record
The state register of convictions handed down by a court. The extract asked for a job, residence or nationality application comes from it. Municipal GAS fines are not entered in it.

All terms: glossary →

Why does this rule exist?

Everyone should have access to housing, work and services on equal terms. The rule protects people from being judged on who they are rather than on what they do.

Where can you go?

  • Free first-line legal advice and pro deo lawyerA free or low-cost lawyer if your income is low
  • Justice HouseInformation and support for victims, accused people and convicted people (Justitiehuis / Maison de justice)
  • Emergency112 · Police 101
  • Social interpreterAt the municipality, the OCMW/CPAS, school and hospital, you can ask for an interpreter in your language; it is often free.

This site does not handle individual cases; it points you to the right service. All help addresses

Source and reliability

Official source
Source check
10 / 11 statements in an official source
Checked: 22.10.2026
Last checked
22.10.2026
Rules can change
Show the 11 checked statementsopen

The checked statements are in Turkish, as in the source text. This check does not replace legal advice.

General information, not legal advice. For your own situation, ask a lawyer or free legal aid. How was this information prepared?

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