General rule: residential use only
A standard residential lease restricts use to residential purposes only. Professional activity may be permitted if: the lease explicitly authorises it, the activity remains ancillary to residential use, it causes no nuisance, and it complies with zoning regulations. Telework (working from home on a computer) is generally accepted.
| Activity type | Generally permitted? | Notes |
|---|---|---|
| Telework (computer only) | Yes | No change of use |
| Home office (no clients) | Usually | Minimal impact |
| Reception of clients | Depends | May change property use |
| Workshop / production | Rarely | Nuisance and zoning issues |
| Storage of commercial goods | No | Changes property use |
Conditions for mixed use
For a tenant to carry out professional activity: the lease must permit it (explicitly or not prohibit it), the activity must be ancillary to residential use, it must not cause nuisance, and it must comply with local zoning regulations and co-ownership rules.
Practical considerations:
- Check the lease for any clause on permitted use
- Verify zoning regulations with the municipal urban planning department
- Check co-ownership rules if the property is in an apartment building
- Inform the landlord, as it may affect their tax treatment
- Registering a business at the address is a separate question
Using the property for professional purposes without authorisation can constitute a breach of the lease. The landlord can seek termination through the justice of the peace. Always obtain written authorisation before starting any professional activity.
Tax and insurance implications
Professional use of a residential property has consequences:
- Tax: the landlord may be taxed on the actual rent (not just cadastral income) for the professional portion
- Insurance: the tenant’s contents insurance may not cover professional equipment or liability. Separate professional insurance may be needed
- Property insurance: the landlord should inform their building insurer of the mixed use
- Charges: professional use may increase certain charges (electricity, water)
A clear lease clause specifying the percentage of professional use protects both parties and ensures correct tax treatment.
Regional specificities
Brussels-Capital Region
The Brussels urban planning code defines permitted uses by zone. Residential zones generally allow ancillary professional activity. The ordinance of 27 July 2017 governs the tenancy aspects.
Walloon Region
The Walloon urban planning code (CoDT) regulates land use. Professional activity in residential zones is subject to conditions.
Flemish Region
The Flemish planning code allows home-based professional activity (vrij beroep aan huis) in residential zones subject to scale and nuisance conditions.
Regional tenancy legislation (permitted use). Regional urban planning codes. Income Tax Code (mixed-use taxation). Co-ownership law.