Deadline for the inventory of fixtures
The inventory must be done within the first month of the tenancy. Ideally, it should be conducted on the day of key handover, before the tenant moves in furniture. After one month, the inventory loses probative value because changes may have already occurred.
Timeline:
| Timing | Recommended? | Practical note |
|---|---|---|
| Day of key handover | Ideal | Empty property, clear condition |
| Within first week | Very good | Minimal changes |
| Within first month | Acceptable | Legal deadline in most regions |
| After first month | Not recommended | Reduced legal value |
Best timing for the inventory
Conduct the inventory on the day of key handover, before the tenant brings in any furniture. This ensures the property’s condition is documented in its pre-occupancy state. Schedule the expert in advance and coordinate with both parties.
Practical tips:
- Schedule early: book the expert or agree on the date with the tenant before the lease start date
- Empty property: an empty property is easier to inspect thoroughly
- Good lighting: conduct the inventory during daylight hours for accurate assessment
- Take photos: supplement the written inventory with dated photographs
- Check everything: meters, keys, appliances, walls, floors, ceilings, doors, windows
- Both parties present: the tenant must be present or represented
If the tenant moves in furniture before the inventory is done, some areas (floor condition behind furniture, wall condition behind large items) cannot be properly assessed. This can lead to disputes at the exit inventory.
What if the deadline is missed?
If the inventory is not done within the first month:
- Legal presumption: without an entry inventory, the tenant is presumed to have received the property in good condition. This means the tenant is liable for any damage at exit, even if it was pre-existing
- Late inventory: a late inventory is better than none, but its probative value is reduced. The landlord cannot use it to prove the property’s original condition
- Negotiation: the parties can still agree to do a late inventory, acknowledging its limitations
Either party can request an inventory even after the one-month deadline. If the other party refuses, the requesting party can apply to the justice of the peace for an order.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 requires the inventory to be done during the first month. Either party can request it, and the other cannot refuse.
Walloon Region
The decree of 15 March 2018 sets the same one-month deadline. The Walloon decree strengthens the tenant’s right to request an inventory.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 requires the plaatsbeschrijving within the first month. Either party can insist on having one done.
Article 1730 of the Belgian Civil Code (inventory obligation and one-month deadline). Article 1731 (presumption of good condition without inventory). Regional tenancy legislation.