Commercial lease in Belgium: the 2026 amendments

Why this reform

The Act of 30 April 1951 on commercial leases had not been substantially amended for 70 years. The commercial landscape has radically changed: the explosion of online retail, the proliferation of pop-up stores, the development of coworking and shared spaces.

The federal legislator adopted on 18 February 2026 a law modernising several key aspects of the commercial lease, while retaining the basic structure (9-year term, right of renewal). Unlike the residential lease, the commercial lease remains a federal competence and applies uniformly in all three regions.

New flexibility clause: termination after 6 years

The most anticipated change for retailers. The tenant can now terminate the lease at the end of the 6th year (instead of waiting for the end of the 9-year period):

The landlord retains the right to refuse renewal in the cases provided by law (personal occupation, works, serious fault by the tenant). This development is part of the broader Belgian lease law reforms.

Digital registration via MyRent

Commercial lease registration is now possible via the MyRent platform of FPS Finance, just like residential leases. Before this reform, registration required a physical deposit at the registration office.

Concrete advantages:

• Online procedure accessible 24/7
• Reduced processing time: registration effective within 48 hours (compared to 2-4 weeks at the office)
• Electronic proof: the registered lease is accessible in the MyMinfin portal

Registration remains mandatory and free within 4 months of signing. Non-registration does not void the lease but deprives the tenant of certain protections. Consult our lease registration guide for the detailed procedure.

New mixed index for indexation

For new commercial leases, indexation is calculated on a mixed index:

• 50% health index (as currently)
• 50% sectoral index (HORECA, retail or services, depending on the activity)

The aim is to better reflect the economic reality of the commercial sector. In 2022-2023, the health index rose by more than 10% while retail turnover stagnated, creating an imbalance.

Mixed leases: finally a clear rule

Mixed-use buildings (retail on the ground floor, residential on upper floors) posed a recurring legal problem: which regime to apply? The new law settles this:

• If the commercial area exceeds 50% of the total area: commercial lease
• If the residential area exceeds 50%: primary residence lease (regional legislation)
• In case of equal split: the regime chosen by the parties in the contract prevails

This clarification puts an end to contradictory case law between justice of the peace courts. For owners of mixed-use buildings, it is crucial to properly draft the lease agreement specifying the surface allocation.

Impact for landlords

For owners of commercial premises, the actions to take:

1. Update lease templates to incorporate the flexibility clause and the mixed index
2. Register new leases via MyRent rather than at the physical office
3. Clarify the surface allocation in mixed-use buildings
4. Recalculate yield projections taking into account the reduced indemnity of 6 months

The reform aims for a better balance between landlord security and retailer flexibility. For investors, the impact on rental yield should be assessed on a case-by-case basis.