Subletting in Belgium: is it allowed and under what conditions?
Is subletting legal in Belgium? Conditions for authorisation, landlord consent, Airbnb, risks and sanctions. Guide by region.
General principle: prohibited unless agreed
For main residence leases, the principle is clear in all three regions: total subletting is prohibited by default. Partial subletting (one room) is possible under conditions.
| Lease type | Total subletting | Partial subletting |
|---|---|---|
| Main residence | Prohibited (unless agreed) | Possible if agreed + tenant keeps residence |
| Student lease | Prohibited | Prohibited (generally) |
| Commercial lease | Authorised unless contrary clause | Authorised unless contrary clause |
| Common law lease | Authorised unless contrary clause | Authorised unless contrary clause |
For residential leases, the landlord’s consent must be in writing (in the lease or by amendment). Verbal consent is insufficient.
If your lease does not mention subletting, it is prohibited. The absence of a clause does not equal authorisation.
Conditions for authorised subletting
For subletting to be legal under a main residence lease:
- Written consent from the landlord: in the lease or by signed amendment
- The main tenant retains their residence in the property (partial subletting only)
- The subtenant is informed that it is a sublet (not a direct lease)
- The subtenant’s rent may not exceed the proportional share of the main rent
- The main tenant remains liable for the full rent to the landlord
Airbnb subletting: specific rules
Tourist subletting (Airbnb, Booking) adds a layer of complexity:
Cumulative conditions:
- Written landlord consent for subletting
- Written landlord consent for tourist use
- Registration with the regional authority
- Compliance with safety standards (fire, evacuation)
- Tax declaration of income
Without these authorisations, the tenant commits a double offence: unauthorised subletting (contractual fault) + undeclared tourist letting (administrative offence).
Airbnb subletting without authorisation is considered a serious fault by case law. The landlord can obtain immediate lease termination before the justice of the peace.
The subletting contract
If subletting is authorised, a written contract is essential:
Essential clauses:
- Identification of all three parties (landlord, tenant, subtenant)
- Description of the sublet property (room, area, amenities)
- Duration: cannot exceed the duration of the main lease
- Rent: proportional to the sublet area
- Rental deposit: the subtenant pays a deposit to the main tenant
- Early termination: the contract ends automatically if the main lease is terminated
The subtenant has no direct relationship with the landlord. In case of problems, the main tenant is responsible. This is a crucial point of the lease agreement.
Risks and sanctions
| Situation | Risk for the tenant |
|---|---|
| Subletting without consent | Judicial termination + damages |
| Undeclared Airbnb subletting | Termination + regional fine (250-10,000 EUR) |
| Subletting at an abusive rent | Reimbursement of overcharge to subtenant |
| Total subletting (main residence) | Termination + loss of right to the dwelling |
Advice for landlords:
- Include an explicit clause on subletting in the lease (authorisation or prohibition)
- If you authorise, require to be informed of the subtenant’s identity
- Regularly check platforms (Airbnb, Booking) for your address
- In case of unauthorised subletting, send a formal notice before referring to the judge
To generate a lease with appropriate subletting clauses, use our lease creation tool.
Frequently asked questions
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For a main residence lease: no, unless the lease expressly provides for it or the landlord gives written consent. For a common law lease (commercial, parking): yes by default, unless a contrary clause exists.
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No. Tourist subletting (Airbnb) without the landlord's authorisation is prohibited and constitutes a serious fault that can justify lease termination. The tenant also risks regional fines for undeclared tourist letting.
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The landlord can request judicial termination of the lease for serious fault before the justice of the peace. The tenant loses their right to the dwelling and can be ordered to pay damages. For Airbnb subletting, regional fines are added.
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