Complete co-ownership guide for landlords
Everything landlords need to know about co-ownership in Belgium. General assembly, property manager, allocation of charges, reserve fund, works and impact on the rental.
The legal framework for co-ownership in Belgium
Co-ownership in Belgium is governed by the Act of 2 June 2010, significantly reformed in 2018. This reform introduced several changes that directly affect landlords: the mandatory reserve fund, transparency of the property manager’s accounts, facilitation of energy improvement works and digitalisation of convocations.
For landlords, co-ownership creates an additional layer of management. You must reconcile your obligations towards the tenant (regionalised lease law), your rights and duties as co-owner (federal law) and the day-to-day management of the property. Understanding these interactions is essential to avoid conflicts and optimise your investment.
As a landlord in co-ownership, you have two permanent contacts: your tenant (for the lease) and the property manager (for the co-ownership). Decisions made by one often impact the other.
The deed of division and internal regulations
The deed of division
The deed of division is the founding document of the co-ownership. It defines the private and common areas, the share of each unit and the rights of each co-owner. As a landlord, you need to know:
- Your share: it determines your contribution to common charges
- The designated use of units: some deeds of division limit usage (residential only, no liberal profession)
- Easements: rights of way, restrictions on the use of common areas
The internal regulations (ROI)
The internal regulations contain the rules for daily life. They are enforceable against the tenant: the landlord must provide them to the tenant and attach them to the lease. The most sensitive points for rental:
| Item in the regulations | Impact on the rental |
|---|---|
| Quiet hours | The tenant must respect them |
| Pets | Restriction to mention in the lease |
| Moving in/out | Days and times to communicate to the tenant |
| Parking use | Allocated or shared spaces |
| Balconies and terraces | Usage restrictions (barbecue, laundry) |
For the specific rules that impact your tenant, see our article on co-ownership and rental.
The general assembly and the property manager
The general assembly (GA)
The GA is held at least once a year. As a co-owner, you have voting rights proportional to your shares. Decisions are taken at different majorities:
- Simple majority (50% + 1): ordinary charges, routine maintenance
- Two-thirds majority: improvement works, amendment of internal regulations
- Four-fifths majority: amendment of the deed of division, change of designated use
- Unanimity: dissolution of the co-ownership
Attend GAs systematically, even if your property is rented out and you do not live there. Decisions taken in your absence are binding. If you cannot attend, give a written proxy to a trusted person (not to your tenant).
The property manager
The property manager handles the day-to-day management of the co-ownership. As a landlord, you must:
- Inform them of your tenant’s identity and contact details
- Forward any neighbourhood complaints you receive
- Request the annual charge statement for the adjustment with the tenant
- Verify the annual accounts before the GA
Common charges and reserve fund
Ordinary charges
Ordinary charges cover the routine operation of the building: cleaning, lighting of common areas, lift maintenance, green spaces, building insurance, water in common areas. They are recoverable from the tenant, in whole or in part, depending on what the lease provides.
Extraordinary charges
Extraordinary charges cover one-off expenses: facade renovation, lift replacement, roof repair, compliance upgrades. They are the owner’s responsibility and cannot be passed on to the tenant.
The reserve fund
Since 2019, each co-ownership must establish a reserve fund funded at a minimum of 5% of annual ordinary charges. This fund is used to finance future major works. It is strictly the owner’s responsibility.
| Type of charge | Recoverable from tenant | Examples |
|---|---|---|
| Ordinary | Yes | Cleaning, lift, lighting |
| Extraordinary | No | Roof, facade, compliance upgrades |
| Reserve fund | No | Savings for future works |
| Property manager fees | No | Administrative management |
Works in co-ownership: the impact on rental
Works voted at the GA
Works decided at the GA are binding on all co-owners, including those who voted against. Funding is through capital calls proportional to shares, possibly drawn from the reserve fund.
The impact on the tenant
If works cause significant disruption to enjoyment (scaffolding in front of windows, noise, restricted access), the tenant may:
- Request a temporary rent reduction
- Demand compensation if the disruption is excessive
- In extreme cases, request the termination of the lease
The owner may seek recourse against the co-ownership if the works were carried out negligently or excessively.
Energy improvement works
The 2018 reform facilitated voting on energy improvement works (insulation, solar panels, boiler replacement). These works are now voted at a two-thirds majority instead of the previous four-fifths. For landlords, these works are an investment: they improve the property’s EPC certificate and justify a higher rent.
Practical tips for landlords in co-ownership
Managing a property in co-ownership requires rigour and anticipation:
- Before purchase: analyse the minutes of recent GAs, annual accounts and the multi-year works plan. A building with an insufficient reserve fund signals unexpected capital calls ahead.
- When renting out: attach the internal regulations to the lease, set realistic charge provisions and inform the property manager.
- Every year: attend the GA, check the statement and provide the adjustment to the tenant with supporting documents.
- In case of works: inform the tenant in advance and, if necessary, negotiate a temporary rent reduction.
A rental management tool that integrates co-ownership charge tracking allows you to centralise statements, automate adjustments and never forget anything when filing your tax return.
Frequently asked questions
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Yes. The reserve fund has been a legal obligation since the 2018 reform. Each co-owner must contribute a minimum of 5% of the annual ordinary common charges. This contribution cannot be passed on to the tenant as it is an extraordinary charge. The fund is used to finance future major works (roof, facade, lift) and protects the landlord against unexpected capital calls.
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The general rule is that ordinary charges related to the use of common areas (maintenance, cleaning, lighting, lift, green spaces, building insurance) can be passed on. Extraordinary charges (major works, reserve fund, property manager fees for administrative management) remain the owner's responsibility. The property manager's annual statement generally separates these two categories. In case of doubt, the lease must specify the allocation.
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The tenant has the right to request supporting documents for common charges passed on to them. If the lease provides for monthly provisions with annual adjustment, the landlord must provide the detailed annual statement. If the landlord fails to provide supporting documents within a reasonable time, the tenant may ask the justice of the peace to reduce the provisions or suspend payment of charges until the documents are received.
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