Rental charge settlements in Belgium: the complete guide
How to prepare and verify a rental charge settlement in Belgium. Common vs private charges, fixed vs provisional, supporting documents and remedies in case of dispute.
Rental charges: the basic principles
Rental charges represent on average 20 to 30% of the total cost of housing in Belgium. They cover expenses related to the use of the property (water, energy, maintenance) and are distinct from the rent itself.
The allocation of charges between landlord and tenant is a frequent source of disputes. Understanding the mechanism of the charge settlement is essential to verify that you are only paying what you owe.
The tenant pays charges related to the use of the property (consumption, routine maintenance). The landlord bears charges related to ownership (property tax, insurance, major repairs, co-ownership management).
Common charges and private charges
Private charges
These are expenses related to your personal use of the property:
- Water (individual meter or allocation)
- Electricity for the flat
- Gas for the flat
- Heating (individual meter or allocator)
Common charges (in co-ownership)
These are expenses related to the common areas of the building:
| Common charge | Chargeable to the tenant? |
|---|---|
| Lighting of common areas | Yes |
| Cleaning of common areas | Yes |
| Lift: routine maintenance | Yes |
| Lift: replacement | No (landlord) |
| Garden: maintenance | Yes |
| Garden: landscaping | No (landlord) |
| Concierge: salary | Yes (75%) |
| Building manager: management fees | No (landlord) |
| Building insurance | No (landlord) |
| Property tax | No (landlord) |
Fixed or provisional: which regime?
The choice is set in the lease and cannot be changed unilaterally during the lease.
Fixed charges: set amount, no settlement, no adjustment. Simple but sometimes disadvantageous if actual charges are lower than the fixed amount.
Provisions on actual charges: monthly advances, annual settlement, adjustment (refund of overpayment or additional amount due). Fairer but requires monitoring.
To understand your rights regarding charges, consult our complete guide on tenant rights.
The annual settlement: how it works
The structure of a proper settlement
A charge settlement must contain:
- The period covered: start and end dates (generally 12 months)
- The breakdown by item: water, electricity, gas, heating, maintenance, etc.
- The allocation keys: how each charge is divided among occupants
- The actual amounts: effective expenditure by item
- The provisions paid: total advances paid by the tenant
- The balance: difference between actual expenditure and provisions
Allocation keys
In co-ownership, charges are allocated according to keys defined in the base deed:
- Thousandths: proportion of the flat’s surface area relative to the building
- Individual meters: consumption measured directly
- Allocators: devices on radiators (collective heating)
- Per unit: equal distribution among all flats
In co-ownership, the tenant’s charge settlement is based on the building manager’s annual settlement. The landlord cannot pass on the entire building manager’s settlement: they must extract the rental charges (chargeable to the tenant) and exclude co-ownership charges (at their own expense).
How to check your settlement
Step 1: compare with the previous year
An increase of more than 10 to 15% warrants an explanation. Energy prices can vary, but maintenance charges should remain stable.
Step 2: check the items passed on
Make sure that the property tax, building insurance and building manager’s fees do not appear in your settlement. These are the landlord’s charges.
Step 3: verify the allocation keys
Check that your share corresponds to the thousandths of your unit. A 60 m2 flat in a 600 m2 building should not bear more than 10% of common charges.
Step 4: request supporting documents
You have the right to consult the invoices and statements that justify each item. The landlord must make them available within a reasonable timeframe.
| Item | Expected supporting document |
|---|---|
| Water | Distributor’s invoice + meter reading |
| Common area electricity | Supplier’s invoice |
| Heating | Supplier’s invoice + allocator reading |
| Maintenance | Service providers’ invoices |
| Lift | Maintenance contract + invoices |
To carry out a property inventory that also documents the state of the meters, follow our dedicated guide.
Disputing a charge settlement
The amicable procedure
- Write to the landlord detailing the disputed items
- Request the missing supporting documents
- Propose an argued corrected amount
- Set a reasonable response deadline (30 days)
Recourse to the justice of the peace
If the amicable dispute fails, the justice of the peace has jurisdiction. The tenant can:
- Request disclosure of supporting documents under penalty
- Dispute items improperly passed on
- Obtain reimbursement of overpayments
- Request a revision of the charge system (switch from fixed to actual charges)
The action for recovery of undue payments (reimbursement of charges improperly paid) has a limitation period of 5 years. Keep all your settlements and supporting documents for this period.
Advice for landlords
- Send the settlement within 3 months of receiving the building manager’s settlement
- Systematically attach the main supporting documents
- Detail the allocation keys
- Clearly separate rental charges from co-ownership charges
For transparent and automated charge management, use the rental management tools from BailBelgique, with integrated settlement and payment tracking via your lease agreement online.
Frequently asked questions
-
Fixed charges are a set monthly amount that does not give rise to an annual settlement. The tenant always pays the same amount, regardless of actual consumption. Actual charges (or provisions) are monthly advances regularised once a year based on effective expenditure. The landlord must provide a detailed settlement with supporting documents.
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Yes. Under the actual charges regime, the landlord must provide a detailed annual settlement and make supporting documents available to the tenant (invoices, meter readings, building manager's settlement). The tenant has the right to consult these documents. If the landlord refuses, the tenant can petition the justice of the peace.
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Chargeable to the tenant: water, gas, electricity for private areas, heating, maintenance of common areas (cleaning, lighting), lift (routine maintenance), waste collection tax. Not chargeable: property tax, building manager's management fees, major repairs, building insurance premiums.
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The law does not set a precise deadline, but case law considers a reasonable timeframe to be 3 to 6 months after the close of the period. In co-ownership, the settlement depends on the building manager who generally closes accounts in March-April. The landlord must forward the settlement to the tenant within a reasonable time after receipt.
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