Renovations in a rented property: rights and obligations in Belgium
Who can carry out works in a rented property? Tenant repairs, major works, authorisations, charges and dispute management in Belgium.
Distribution of works: who does what
The Belgian Civil Code and regional legislation divide works into two categories:
| Type | Responsible | Examples |
|---|---|---|
| Tenant repairs (routine maintenance) | Tenant | Interior painting, seals, switches, taps, annual boiler service |
| Major works (structure, wear) | Landlord | Roof, facade, electrical installation, boiler (replacement), windows |
The boundary between tenant repairs and major works is sometimes blurred. The main criterion is the origin of the problem: if it is normal wear and tear or age, it is the landlord’s responsibility; if it is a lack of maintenance or damage, it is the tenant’s.
The property inventory is the reference for determining whether damage existed before the tenant moved in.
Normal wear and tear (paint yellowing, parquet developing a patina) is the landlord’s responsibility. Damage (hole in the wall, cigarette burn, flooring damaged by dragged furniture) is the tenant’s responsibility.
Works the tenant can (or must) carry out
Without authorisation:
- Interior painting (restoration to original state on departure)
- Replacing silicone seals
- Replacing bulbs, fuses, switches
- Annual boiler servicing (legal obligation)
- Unblocking drains
- Minor gardening (mowing, trimming)
With written authorisation:
- Installing a new kitchen or bathroom
- Changing floor coverings
- Removing non-load-bearing partitions
- Installing fixed equipment (air conditioning, alarm)
- Painting the facade, front door
Without a written agreement to the contrary, the tenant must restore the property to its original state at the end of the lease. Unauthorised works can lead to deductions from the rental deposit.
Landlord works during the lease
The landlord must maintain the property in good repair throughout the duration of the lease. Their obligations:
- Roof, facade, load-bearing walls repair
- Replacement of boiler, water heater (age-related)
- Bringing up to standard of dangerous electrical installations
- Treatment of structural damp, infiltration
- Window replacement (if aged or non-watertight)
The landlord can also undertake improvement works (EPC renovation, adding insulation) but cannot impose them during the lease unless the tenant directly benefits.
For EPC works, Renolution grants are accessible even during a current lease (works between tenants or with agreement).
Emergency works: special rules
Emergency works (leak, heating breakdown in winter, electrical risk) follow specific rules:
- The tenant must notify the landlord immediately
- The landlord must intervene without delay (24-48h for emergencies)
- If the landlord does not respond, the tenant can have the works carried out and deduct the cost from rent (with supporting documents)
- The tenant must tolerate emergency works even if they cause disruption
- If works make the property uninhabitable for > 40 days, the tenant can request a rent reduction or lease termination
| Situation | Tenant action | Landlord deadline |
|---|---|---|
| Active water leak | Turn off supply + notify landlord | Intervention within 24h |
| Heating breakdown (winter) | Notify landlord + document | Intervention within 48h |
| Electrical risk | Turn off circuit breaker + notify | Intervention within 24h |
| Broken lock | Notify + secure | Intervention within 24h |
In the event of water damage, the priority is to limit the damage and then contact the insurance.
Dispute management for works
In case of disagreement between landlord and tenant:
- Document: photos, quotes, written correspondence
- Formal notice by registered post with a reasonable deadline (15-30 days)
- Mediation: free via regional mediation services
- Justice of the peace: as a last resort, the justice of the peace decides on the allocation of costs
Works disputes represent 25% of rental cases in justice of the peace courts. Prevention comes through a clear lease, a detailed property inventory and systematic written communication.
To draft a lease with appropriate works clauses, use our lease creation tool. And to efficiently manage repair requests, our rental management tool centralises exchanges and tracking.
Frequently asked questions
-
Minor maintenance repairs (painting, replacing seals) are the tenant's responsibility and do not require authorisation. Works that modify the structure or appearance of the property (knocking down a wall, changing flooring, installing a kitchen) require the landlord's written consent.
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Yes, for urgent works (leak, heating breakdown in winter) that cannot wait until the end of the lease. For non-urgent works, the landlord must offer a proportional rent reduction for the disruption caused or wait until the lease ends.
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Unless agreed otherwise, the tenant must restore the property to its original condition (normal wear and tear excepted). However, the landlord can agree to keep the improvements, with or without compensating the tenant.
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