The justice of the peace: exclusive jurisdiction
The justice of the peace is the only court competent for all rental disputes in Belgium, regardless of the amount at stake. The competent justice of the peace is the one located in the canton where the property is situated (not where the landlord or tenant lives). No lawyer is required and free conciliation is always available.
The justice of the peace has exclusive jurisdiction over all disputes arising from a residential lease, including:
- Unpaid rent and arrears
- Deposit disputes (release, deductions)
- Eviction proceedings
- Repair obligations (who pays for what)
- Lease termination (notice periods, compensation)
- Habitability issues
- Rent indexation disputes
This exclusive jurisdiction is established by article 591, 1 of the Judicial Code. No other court (not the tribunal of first instance, not the commercial court) can hear these cases in first instance.
How to find your justice of the peace
- Identify the canton: the property’s municipality determines the competent canton
- Look up the address: visit tribunaux-cours.be to find the correct justice of the peace
- Contact the clerk’s office (greffe): call or visit to request conciliation or submit your claim
- File your request: by written request (cheapest) or bailiff summons (faster)
The justice of the peace is designed to be accessible:
- No lawyer required (though you may bring one)
- Simplified procedure compared to higher courts
- Free conciliation as a first step
- Short timeframes (hearing within 4-8 weeks typically)
Not sure which justice of the peace is competent? Enter the property’s postcode on tribunaux-cours.be to find the exact address and contact details.
Costs and appeals
| Element | Cost |
|---|---|
| Conciliation | Free |
| Court fee (mise au role) | 50 EUR |
| Bailiff summons (optional) | 150-300 EUR |
| Procedural compensation (if you lose) | 240-1440 EUR |
| Lawyer (optional) | 500-2000 EUR |
Appeals: judgments of the justice of the peace can be appealed before the tribunal of first instance within one month of service. Appeals are possible for claims exceeding 2000 EUR. Below that threshold, the judgment is final (en dernier ressort).
Regional specifics
Brussels-Capital Region
Brussels has multiple justices of the peace across its 19 municipalities. The Ordinance of 27 July 2017 does not change the court competence but adds procedural obligations (CPAS notification in eviction cases). Proceedings can be conducted in French or Dutch.
Wallonia
The Decree of 15 March 2018 applies the same judicial framework. Proceedings in Wallonia are conducted in French (or German in the German-speaking community).
Flanders
The Flemish Housing Rental Decree of 9 November 2018 does not change court competence. Proceedings in Flanders are conducted in Dutch. Justices of the peace in Flanders apply the Flemish decree instead of the federal law for matters it covers.
Judicial Code, article 591, 1 (exclusive jurisdiction of the justice of the peace for rental disputes). Judicial Code, articles 628-629 (territorial competence).