Landlord obligations in Belgium: complete guide
All legal obligations of the landlord in Belgium. Habitability, EPC, repairs, lease registration, rental deposit, safety and regional compliance.
Habitability standards: the first obligation
Before letting a property, the landlord must ensure the dwelling meets the minimum habitability standards of their region. This is the prerequisite for any letting.
These standards cover safety, sanitary conditions and minimum equipment: structural solidity, watertightness, ventilation, natural light, compliant electrical installation, running water, heating and sanitary facilities.
Letting a non-compliant property is an offence. Penalties range from administrative fines to a letting ban, with an obligation to rehouse the tenant at the landlord’s expense.
Regional specificities
- Brussels: the Brussels Housing Code sets the standards. A habitability investigation can be triggered by the tenant or the municipality.
- Wallonia: a rental permit is mandatory for small dwellings (under 28 m2) and collective housing. Standards are defined by the Walloon Sustainable Housing Code.
- Flanders: the Vlaamse Wooncode provides for a conformity check. A property declared inadequate or uninhabitable is recorded in the Flemish register and can no longer be let.
EPC, electrical installation and safety
The EPC certificate
The Energy Performance Certificate (EPC) is mandatory before any letting in all three regions. It must:
- Be drawn up by a licensed certifier
- Appear in all property listings (score and consumption)
- Be given to the tenant at the latest when the lease is signed
- Be renewed every 10 years or after significant energy works
| Region | Minimum EPC score for letting | Deadline |
|---|---|---|
| Flanders | Label E (current), D (2030), C (2035) | Progressive |
| Brussels | No minimum (but 2050 target) | Under discussion |
| Wallonia | No minimum (project underway) | To be defined |
Electrical installation
In Flanders, an electrical installation inspection by a licensed body is mandatory before letting. In Brussels and Wallonia, the inspection is mandatory in case of sale or new installation, and strongly recommended for letting.
Smoke detectors
All three regions require smoke detectors in properties let out. The number and placement vary by region and dwelling size (minimum one per floor, in corridors and near bedrooms).
The written lease and registration
Mandatory information
The primary residence lease must be drawn up in writing and contain at a minimum:
- Full identity of the parties (landlord and tenant)
- Precise description of the rented property
- Amount of rent and charges (or provisions)
- Lease term and start date
- Indexation method (reference to the health index)
- State of the electrical installation
- Mandatory regional annexes
To create a compliant lease online, dedicated tools guide you through the drafting and automatically generate regional annexes.
Registration with FPS Finance
The lease must be registered within two months of signing. Registration is free for primary residence leases and can be done online via MyRent.
If the lease is not registered, the tenant can leave the property without notice or compensation. The landlord also risks an administrative fine.
Repairs: who pays for what
Repairs at the landlord’s expense
The landlord is responsible for all repairs other than routine maintenance, and for routine repairs made necessary by wear or a construction defect:
- Building structure (walls, roof, foundations)
- Main pipes (water, gas, sewerage)
- Electrical installation (panel, wiring)
- Boiler and radiators (replacement)
- Lift (major repairs)
- Facade and window frames
Repairs at the tenant’s expense
The tenant is responsible for routine maintenance and minor repairs:
- Annual boiler servicing (except replacement)
- Tap and plumbing seals
- Switches and sockets (like-for-like replacement)
- Locks (except wear-related defects)
- Broken glass (except frame defects)
- Garden maintenance (if applicable)
Provided equipment
If the landlord provides equipment (fitted kitchen, dishwasher, tumble dryer), they are responsible for its replacement if it breaks due to wear. The tenant is responsible for routine maintenance and repairs due to misuse.
The rental deposit
Authorised forms
| Form | Maximum amount | How it works |
|---|---|---|
| Individualised blocked account | 2 months’ rent | In the tenant’s name, capitalised interest |
| Bank guarantee | 3 months’ rent | Progressive constitution (max 3 years) |
| CPAS guarantee | 3 months’ rent | The CPAS acts as guarantor |
The landlord can never demand payment of the deposit in cash or place it in their own account. This practice is illegal and exposes the landlord to penalties.
Release of the deposit
At the end of the lease, the deposit is released based on the exit property inventory:
- Agreement of both parties: joint signature of the release form
- In case of disagreement: only the justice of the peace can order release (full or partial)
For a thorough property inventory that protects your interests, see our guide on organising an efficient property inventory.
Summary: obligations by region
Landlord obligations are largely common to all three regions, but certain specificities are worth highlighting:
| Obligation | Brussels | Wallonia | Flanders |
|---|---|---|---|
| EPC mandatory | Yes | Yes | Yes + minimum score |
| Electrical check | Recommended | Recommended | Mandatory |
| Rental permit | No | Yes (small dwellings) | No |
| Smoke detectors | Yes | Yes | Yes |
| Lease annex | Rent grid | Walloon standard lease | Vlaams Woninghuurdecreet |
| Lease registration | Yes (2 months) | Yes (2 months) | Yes (2 months) |
Meeting these obligations is not just a legal constraint: it is also a quality guarantee that attracts good tenants and protects your investment in the long term. A rental management tool helps you track all these deadlines and stay compliant effortlessly.
Frequently asked questions
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The landlord is responsible for major repairs (roof, structure, boiler, facade, main pipes) and maintenance of equipment they provide (water heater, built-in cooker). The tenant is responsible for minor repairs and routine maintenance (seals, taps, switches, boiler servicing, small repairs). The boundary can be specified in the lease. In case of doubt, the justice of the peace applies article 1720 of the Civil Code.
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No. The tenant has the right to inviolability of the home (article 15 of the Belgian Constitution). The landlord can only enter the property with the tenant's explicit consent or with authorisation from the justice of the peace. Even in an emergency (serious water leak, fire risk), the landlord must first try to contact the tenant. A right of visit may be provided in the lease (generally 2 hours per week during the last 3 months) for viewings in anticipation of re-letting.
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Penalties vary by region. In Brussels, the landlord faces an administrative fine of 2,000 to 25,000 EUR and a ban on letting the property until it is brought into compliance. In Wallonia, non-compliance can lead to suspension of the rental permit and a fine. In Flanders, a declaration of inadequacy or inhabitability is recorded in the Flemish register. In all regions, the tenant can request termination of the lease with damages.
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