The landlord cannot charge a separate fee
No. The landlord cannot charge the tenant a separate fee for the inventory. The cost is shared equally by law. A lease clause placing the entire cost on the tenant is void. If an expert is used, both parties pay half the fee.
Cost rules:
| Scenario | Who pays |
|---|---|
| Parties do it themselves | Free (no cost to share) |
| Independent expert | 50/50 between landlord and tenant |
| Landlord charges “admin fee” | Not permitted |
| Lease puts full cost on tenant | Clause is void |
What the landlord can and cannot charge
The landlord can share the expert’s fee equally. They cannot charge: a separate inventory administration fee, a flat-rate inventory charge, or a fee for their own time conducting the inventory.
Legitimate cost sharing:
- Half of the independent expert’s fee
- Half of the travel costs of the expert (if applicable)
Prohibited charges:
- “Inventory administration fee” or “inventory management fee”
- Flat-rate charge for conducting the inventory (e.g., “250 EUR for the inventory”)
- Fee for the landlord’s own time spent on the inventory
- Charges for the landlord’s own agency conducting the inventory at inflated rates
If the landlord has already charged an improper inventory fee, the tenant can request reimbursement. The tenant has 5 years (general contractual limitation period) to claim reimbursement of improperly charged amounts.
Void lease clauses
Several types of inventory-related lease clauses are void:
- Clause placing the entire cost on the tenant
- Clause requiring the tenant to use a specific expert chosen by the landlord at inflated rates
- Clause waiving the right to an inventory (cannot waive a mandatory protection)
- Clause giving the landlord’s unilateral inventory the force of a contradictory one
These clauses are contrary to the mandatory provisions of Article 1730 of the Civil Code and regional legislation. The tenant can invoke their nullity at any time.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 confirms equal cost sharing. Brussels courts strictly enforce the prohibition on charging the tenant separately.
Walloon Region
The decree of 15 March 2018 mandates equal cost sharing. Walloon courts have struck down lease clauses placing the full cost on tenants.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 confirms gelijke verdeling (equal sharing) of plaatsbeschrijving costs.
Article 1730 of the Belgian Civil Code (cost sharing). Regional tenancy legislation (mandatory equal sharing). Consumer protection law (unfair contract terms).