Renting a property under construction in Belgium: is it legal?
Can you sign a lease for a property not yet built in Belgium? Conditions of validity, protective clauses, risks for both parties and alternatives to a standard lease.
The lease on a future property: a legal but risky mechanism
Under Belgian law, it is entirely possible to sign a lease for a property that does not yet exist — under construction or in project. This type of contract is called a “lease on a future property” or “lease subject to a suspensive condition of delivery”.
The practice is common in two situations:
- New-build projects: the developer pre-lets flats before the end of works
- Major renovations: the landlord lets a property under renovation to a tenant who agrees to wait
The mechanism is legally valid, but carries significant risks for both parties: delivery delays, non-compliance of the property, changes in the rental market.
A lease on a future property is a lease subject to a suspensive condition. Until the condition (delivery of the compliant property) is fulfilled, the lease does not produce its main effects: no obligation to pay rent, no enjoyment of the property. If the condition is never fulfilled, the lease automatically lapses.
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Conditions of validity for a lease on a future property
Property identification
The property must be sufficiently identifiable in the lease, even if it does not yet exist. The elements to mention:
| Element | Mandatory | Example |
|---|---|---|
| Property address | Yes | Rue de la Loi 123/5, 1000 Brussels |
| Property description | Yes | 2-bedroom flat, 75 m2, 3rd floor |
| Annexed plans | Recommended | Architect’s plans with dimensions |
| Specifications | Recommended | Materials, equipment, finishes |
| Estimated delivery date | Yes | 1 September 2027 (+/- 3 months) |
Planning permission
Planning permission must be obtained before signing the lease. A lease signed for a project without a permit is extremely risky: if the permit is refused, the lease lapses and the tenant has no recourse.
Informed consent
The tenant must be clearly informed that they are signing a lease for a property under construction. The lease must mention:
- The current state of the property (under construction, being renovated)
- The estimated delivery date with a margin
- The consequences of a delivery delay
- The tenant’s rights in case of non-compliance
The EPC
The EPC certificate is not available for a property under construction. It will be established on delivery. The lease can mention the estimated EPC (based on materials and design), but the final EPC will prevail.
For new builds compliant with current standards, the EPC will generally be A or B. Mention this estimate in the lease, with a clause providing for a rent reduction if the actual EPC is significantly lower.
Protective clauses to include
For the tenant
- Suspensive condition clause: the lease only takes effect upon delivery of the property compliant with the annexed plans
- Delay clause: if delivery is delayed by more than X months, the tenant can withdraw from the lease without compensation
- Compliance clause: the tenant can refuse the property or request a rent reduction if the dwelling does not match the plans
- Minimum EPC clause: rent is indexable only if the EPC reaches the agreed score
- No rent before delivery: no rent is due before actual handover of the property
For the landlord
- Commitment clause: the tenant undertakes to take possession within 30 days of delivery
- Withdrawal clause: if the tenant withdraws after compliant delivery, they pay compensation (1 to 2 months’ rent)
- Tolerance clause: a delivery delay of less than 3 months does not constitute grounds for withdrawal
- Rent revision clause: if delivery is delayed by more than 12 months, the rent is revised according to the health index
The promise to lease
To secure both parties, an alternative to the lease on a future property is the mutual promise to lease: a reciprocal commitment to sign the lease upon delivery. This mechanism is more flexible and avoids the complications of a lease without an existing subject.
To understand how the health index and indexation work, see our dedicated guide.
Risks and alternatives
Main risks
| Risk | Impact | Probability |
|---|---|---|
| Delivery delay | The tenant is left without housing | High (construction) |
| Non-compliance of the property | Dispute over rent and conditions | Medium |
| Project abandonment | The lease lapses, the tenant has lost time | Low |
| Developer bankruptcy | The lease lapses, no practical recourse | Low |
| Market evolution | The agreed rent no longer matches the market | Medium |
Alternatives
1. Deferred-start lease: the lease is signed, but its start date is set at a future date (after planned delivery). Advantage: the lease is standard, only the start date is deferred.
2. Non-contractual reservation: the tenant expresses interest without legal commitment. The lease will be signed on delivery. Disadvantage: no guarantee for the tenant that the property will be reserved for them.
3. Temporary relocation lease: the tenant signs a temporary lease (3-6 months) in another property while waiting for delivery. The landlord of the property under construction can offer to cover part of the temporary rent.
The landlord cannot require a rent advance or rental deposit payment before delivery of the property. The rental deposit is only due upon move-in. Any advance payment exposes the tenant to a risk of loss if the project is abandoned.
To manage all your properties (existing and under construction), centralise the information in our rental management platform.
Conclusion: legal but requiring meticulous regulation
A lease on a property under construction is legally valid in Belgium, but requires rigorous contractual regulation to protect both parties. The suspensive condition of delivery, delay clauses and compliance clauses are essential.
Key points to remember:
- A lease on a future property is valid under Belgian law, subject to a suspensive condition of delivery
- No rent is due before actual handover of the property
- Plans and specifications must be annexed to the lease
- The delay clause protects the tenant against delivery delays
- A promise to lease is often more appropriate than a direct lease
For your leases on existing properties, use our lease generator and discover our rental management solution to manage your entire portfolio.
Frequently asked questions
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Yes, under Belgian law, a lease for a future property is valid, provided the property is sufficiently identifiable (address, description, plans). The lease is said to be 'subject to a suspensive condition': it only takes effect upon delivery of the property in compliant condition. If the property is never built, the lease lapses.
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No. The tenant cannot be obliged to pay rent while the property is not deliverable and compliant with habitability standards. The lease can provide for an estimated move-in date, but rent only runs from the actual handover. If delivery is delayed, the tenant owes nothing.
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The tenant can refuse to take possession and request lease termination without compensation. They can also accept the property with a rent reduction corresponding to the differences found. In case of dispute, the justice of the peace decides based on the plans and descriptions annexed to the lease.
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