Is fire insurance required?

Q: Is fire insurance required?

Fire insurance is not legally mandatory for tenants in Belgium, but it is contractually imposed in the majority of leases. The tenant is presumed liable for damage caused by fire (article 1733 of the Civil Code), unless they can prove force majeure. In practice, tenant liability insurance is therefore essential to protect against potentially very costly claims.

5 min read Verified on May 13, 2026 By Edouard Hennin

Quick answer

There is no legal obligation for the tenant, but the vast majority of leases require it. The tenant is presumed liable for fire damage (art. 1733 Civil Code). In practice, tenant liability insurance is therefore essential.

Is fire insurance required?

Illustration — Is fire insurance required? alt="is fire insurance required?"

Fire insurance: not legally required but essential

Quick answer

Fire insurance is not imposed by law for tenants in Belgium. However, article 1733 of the Civil Code presumes the tenant liable for any fire occurring in the rented property. In practice, more than 95% of leases include a mandatory fire insurance clause.

Who is concerned

The contractual obligation applies to tenants of any type of property: primary residence, student accommodation, furnished property or shared housing. The landlord separately takes out a non-occupant owner insurance (PNO) to protect the building.

Why almost all leases require it

Without insurance, the tenant is personally liable for any claim: fire, water damage, explosion. The amounts at stake can reach tens of thousands of euros, well beyond the rental deposit.

What the tenant’s insurance covers

Coverage	What it covers	Required in the lease
Tenant liability	Damage to the building caused by the tenant (fire, water damage)	Almost always
Neighbour recourse	Damage caused to neighbours by an incident originating from the property	Very often
Contents / furniture	Tenant’s furniture, clothing, appliances	Optional but recommended
Theft and vandalism	Protection of contents in case of break-in	Optional

Documents to provide to the landlord

The landlord may require an annual insurance certificate proving that the policy is in force. This right is generally provided for in the written lease.

Risks without fire insurance

For the tenant

Full financial liability: without insurance, the tenant must compensate the landlord and neighbours out of pocket
Breach of lease: if the lease requires insurance, failing to comply is a contractual breach that may justify lease termination
No contents protection: furniture, clothing and appliances are not covered

For the landlord

Tenant insolvency: if the tenant has no insurance and cannot pay, the landlord must turn to their own PNO insurance
Higher excess: the landlord’s PNO insurance may apply a higher excess if the tenant had no insurance

Worked example

A kitchen fire in an apartment = 15,000 to 40,000 EUR in average damage. Without insurance, the tenant will have to pay out of pocket, potentially via a wage garnishment ordered by the justice of the peace.

Regional specificities

Brussels-Capital Region

The ordinance of 27 July 2017 on residential leases does not make fire insurance legally mandatory, but allows the landlord to impose it contractually. The standard Brussels lease explicitly recommends this clause.

Wallonia

The decree of 15 March 2018 on residential leases follows the same logic: no direct legal obligation, but the lease may impose insurance as a contractual condition.

Flanders

The Vlaams Woninghuurdecreet of 9 November 2018 does not alter the federal principle: article 1733 of the Civil Code applies. Most Flemish leases include a mandatory insurance clause.

Legal basis

Civil Code, art. 1733 — presumption of tenant liability in case of fire. Law of 25 June 1992 on the land insurance contract (FSMA supervision).