Steps to follow when housing is unfit
If your housing is unfit (mould, no heating, water infiltration, structural defects), you must: 1) notify the landlord by registered letter, 2) report to the regional housing inspection, 3) if needed, file a claim with the justice of the peace. Never stop paying rent or leave without a court order.
The landlord is legally obligated to deliver the property in a good state of repair and maintain it throughout the lease (articles 1719-1720 of the Civil Code). If the property fails to meet minimum habitability standards, the tenant has several legal remedies.
Important: the tenant must never stop paying rent unilaterally, even if the property is clearly unfit. Only the justice of the peace can authorise a rent reduction or suspension. Similarly, the tenant should not leave without notice — only a judicial decision can terminate the lease without notice.
Minimum habitability standards
All three Belgian regions impose minimum standards that rental properties must meet:
| Standard | Requirement |
|---|---|
| Structural stability | No risk of collapse, cracks, or subsidence |
| Waterproofing | No water infiltration, rising damp, or persistent condensation |
| Heating | Functional heating system adequate for the property |
| Ventilation | Natural or mechanical ventilation in every room |
| Sanitary facilities | Running water, toilet, and washing facilities |
| Electrical safety | Compliant electrical installation |
| Fire safety | Smoke detectors in every room |
| Natural light | Adequate windows in living spaces |
Before contacting authorities, document all defects with dated photographs, videos, and a written description. Send copies with your registered letter to the landlord. This evidence is essential for any legal proceedings.
Legal remedies available
The justice of the peace can grant the following remedies:
- Order repairs under penalty payment (astreinte) — the landlord pays a daily fine until the work is completed
- Grant a rent reduction proportional to the loss of enjoyment
- Authorise deposit of rent with the court clerk until repairs are completed
- Terminate the lease at the landlord’s fault, with damages to the tenant
- Declare the lease void if the property was unfit from the start (no notice period)
If the municipal authorities issue an uninhabitability order, the lease may be suspended or terminated automatically, depending on the regional legislation. The landlord may be required to rehouse the tenant or compensate them.
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 establishes the Brussels Housing Code with detailed habitability standards. The DIRL (Regional Directorate of Housing Inspection) can inspect properties and issue binding decisions. Report issues via the Brussels housing portal.
Wallonia
The Decree of 15 March 2018 empowers municipal authorities to inspect rental properties and issue habitability certificates. Non-compliant properties can be declared uninhabitable by the mayor.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 requires a conformity certificate for rental properties. Wonen Vlaanderen can inspect properties and declare them unfit. A penalty system applies to landlords who rent unfit properties.
Civil Code, articles 1719-1720 (landlord’s obligations). Brussels Housing Code. Walloon Housing Code. Flemish Housing Quality Decree.