In Luxembourg, you are protected from a surprise search

The Ministers of the Interior and Housing replied to a parliamentary enquiry on the legality of unannounced inspections of social housing. The Luxembourg Constitution (Article 16) guarantees the inviolability of the home: searches and inspections are only possible in strictly prescribed legal cases.

According to article 79 of the updated law of 7 August 2023 on affordable housing, inspections can be carried out if there is a suspicion of non-compliance with the conditions of social housing. However, visits are only possible if the following conditions are met:

• The inspection is carried out only with the presentation of a certificate and documents confirming the authority of the inspectors.
• Visits are allowed exclusively between 8:00 am and 6:00 pm.
• Residents must be notified in writing a minimum of 15 days prior to the inspection.

If tenants refuse to allow inspectors to enter, the application process to obtain or renew a tenancy is suspended. Resumption is possible only after providing the necessary data and documents.

The Luxembourg Criminal Code strictly prohibits trespassing and provides for penalties:

• 15 days to 2 years in prison;
• a fine of 251 to 3 000 euros.

Thus, social housing inspections are only possible if all legal rules and procedures are observed. The authorities emphasise that the purpose of such visits is to protect affordable housing and its intended use.