Cohousing in Belgium: legal framework and lease
The legal framework for cohousing in Belgium: suitable lease type, co-ownership, shared spaces, taxation and internal rules. Guide for landlords and residents.
What is cohousing?
Cohousing (or collective housing) is a form of housing where several households live in independent private dwellings while sharing common spaces and services: garden, laundry, multipurpose room, workshop, vegetable garden, or even a shared kitchen.
This model, born in Denmark in the 1970s, is growing steadily in Belgium. Projects exist in Brussels (Brutopia, L’Echappee), Wallonia (Habitat et Participation) and Flanders (Cohousing Projects). Cohousing attracts varied profiles: families, seniors, young professionals, often motivated by social connection, sustainability and cost sharing.
Cohousing is not shared housing. Each household has its own complete dwelling (kitchen, bathroom, bedrooms). Shared spaces are a bonus, not a necessity. This autonomy is what distinguishes cohousing from traditional shared housing.
For landlords, cohousing presents specific legal features that need to be well understood before committing.
The legal framework in Belgium
No specific legislation
Belgium does not (yet) have legislation specific to cohousing. The legal framework relies on a combination of several existing regimes:
- Co-ownership law (Book 3, Title 4 of the Civil Code) for the building’s organisation
- Regional lease legislation for landlord-tenant relations
- Company or association law if the project is structured via a legal entity
Possible legal structures
| Structure | Advantage | Disadvantage |
|---|---|---|
| Standard co-ownership | Clear legal framework | Rigidity, qualified majorities |
| SRL (company) | Management flexibility | Corporate taxation |
| Association (ASBL) | Non-profit purpose | No individual ownership |
| Emphyteusis + co-ownership | Land control | Legal complexity |
| Co-ownership in indivision | Initial simplicity | Instability (anyone can exit) |
In practice, co-ownership is the most common structure for cohousing projects in Belgium, as it combines individual ownership of dwellings with collective management of shared spaces.
Which lease to use in cohousing?
For owner-residents
If residents own their dwelling, there is no lease. They are bound by the base deed and co-ownership rules. Rules for communal living are defined in the internal rules.
For tenants
If some dwellings are let, each tenant signs an individual primary residence lease with the owner of their unit. This lease is subject to standard regional legislation (Brussels, Wallonia or Flanders).
The lease must mention:
- The private areas let (precise description of the dwelling)
- The common areas accessible (and their conditions of use)
- The allocation of charges between private and common charges
- The obligation to respect the co-ownership rules and internal rules
The tenant must receive a copy of the co-ownership rules and internal rules at lease signing. These documents govern the use of shared spaces, communal living rules and decision-making procedures. Failure to comply with these rules can constitute a breach of lease obligations.
Shared housing lease?
If a private dwelling within the cohousing is itself let as shared housing, a specific shared housing lease applies (available in Brussels and Wallonia since regional reforms).
Co-ownership and shared spaces
The base deed
The base deed defines the division of the building into units (private areas) and common areas. It sets the quotas for each unit, which determine voting rights and charge allocation.
The co-ownership rules
These set out the rights and obligations of each co-owner:
- Use of common areas
- Allocation of charges (maintenance, energy, insurance)
- Rules for works in private and common areas
- Terms for selling or letting a unit
The internal rules
Specific to cohousing, this supplementary document sets the communal living rules:
- Hours of use for shared spaces
- Organisation of shared tasks (cleaning, gardening)
- Rules regarding pets
- Collective decision-making process (assembly, consensus)
- Internal conflict management
Charges specific to cohousing
In addition to standard co-ownership charges, cohousing generates specific charges:
| Charge type | Examples | Allocation |
|---|---|---|
| Fixed common spaces | Insurance, property tax | Quotas |
| Common maintenance | Cleaning, garden | Quotas or equal share |
| Common consumption | Laundry energy, common room | Actual use or equal share |
| Project fund | Collective investments | By general assembly decision |
Tips for a successful cohousing project
For the developer or initiator
- Set up the legal structure from the start: choose the structure (co-ownership, company) before starting works
- Draft detailed internal rules: conflicts most often arise from vague communal living rules
- Provide a clear decision-making process: majority, consensus, internal mediator
- Anticipate turnover: residents change, rules must outlive people
For the landlord
- Attach the co-ownership and internal rules to the lease: this is a legal obligation in co-ownership
- Detail the charges: clearly separate private and common charges
- Select compatible tenants with the spirit of the project: cohousing is built on community living
- Carry out a rigorous property inventory including shared spaces used
For the resident (owner or tenant)
- Read the rules before committing: the constraints of communal living are not for everyone
- Attend assemblies: this is where decisions are made and conflicts prevented
- Communicate: unresolved misunderstandings quickly deteriorate in shared housing
Cohousing is a promising housing model, but it requires a solid legal framework and rigorous management. To centralise your leases, charges and co-ownership documents, a rental management software is a valuable asset.
Frequently asked questions
-
Shared housing is a single dwelling shared by several tenants (single lease or individual leases). Cohousing is a set of independent private dwellings (each with its own lease) that share common spaces and services (garden, laundry, multipurpose room). In cohousing, each household has its own complete and self-contained dwelling.
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Yes, in most cases. As soon as the building comprises private units and common areas, the forced co-ownership law (Articles 3.84 et seq. of the Civil Code) applies. A base deed, co-ownership rules and internal rules are therefore required. Only very simple structures (2 dwellings) can sometimes escape this obligation.
-
Charges for common spaces (maintenance, energy, insurance) are allocated according to the quotas defined in the co-ownership base deed. Each unit (dwelling) has a quota proportional to its floor area and value. Usage charges (shared laundry, garden) can be allocated differently if the internal rules provide for it, for example based on actual use.
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