Photos supplement but do not replace a written inventory
Photos alone are not sufficient for a valid inventory. The law requires a written description. However, photos are valuable supplementary evidence and are strongly recommended. The best practice is a detailed written inventory accompanied by dated photographs.
| Format | Valid as sole inventory? | Value as evidence |
|---|---|---|
| Written description only | Yes (if detailed) | Good |
| Photos only | No | Supplementary only |
| Written + photos | Yes (best practice) | Strongest |
| Video only | No | Supplementary only |
| Written + photos + video | Yes | Maximum |
Best practices for inventory photos
Take photos room by room, covering: general view, walls, floors, ceiling, doors, windows, fixtures, and any existing damage. Ensure photos are dated (EXIF data), well-lit, and high resolution. Include close-ups of any defects.
Photo checklist per room:
- Overview photo from the doorway
- Each wall (close-up of any damage)
- Floor condition
- Ceiling condition
- Windows and frames
- Doors and handles
- Plumbing fixtures (sinks, taps, toilet)
- Electrical installations (switches, outlets)
- Heating elements (radiators, thermostat)
- Any pre-existing damage (cracks, stains, scratches)
Ensure your photos have reliable date metadata. Use a phone or camera with correct date/time settings. Alternatively, include a newspaper or dated object in one photo to establish the date. Photos without date proof have weaker evidentiary value.
Legal value of photos in court
In Belgian courts, photographs serve as evidence when:
- They are dated (EXIF metadata or other proof)
- They clearly show the property’s condition
- They are consistent with the written inventory
- They were taken in the presence of both parties (or acknowledged by both)
A judge may rely on photographs to resolve disputes about the property’s condition, particularly when the written description is ambiguous or contested. Photos are especially valuable for proving normal wear versus damage.
Videos can also supplement the inventory but share the same limitation: they cannot replace a written description.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 requires a detailed written inventory. Brussels courts accept photographs as supplementary evidence and increasingly expect them.
Walloon Region
The decree of 15 March 2018 follows the same approach. Walloon courts value photographic evidence as a complement to the written inventory.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 requires a detailed plaatsbeschrijving. Photos are accepted and encouraged as supplementary evidence.
Article 1730 of the Belgian Civil Code (written inventory requirement). Judicial Code (rules of evidence). eIDAS Regulation (digital evidence).