The inventory of fixtures is mandatory
Yes. The entry inventory of fixtures is mandatory for all primary residence leases in Belgium. It must be conducted contradictorily (both parties present), at shared cost, and within the first month of the tenancy. Without it, the tenant is presumed to have received the property in good condition.
Key principles:
| Principle | Requirement |
|---|---|
| Mandatory | Yes, for all primary residence leases |
| Contradictory | Both parties must be present or represented |
| Cost sharing | Equally between landlord and tenant |
| Deadline | Within the first month of the tenancy |
| Format | Written, detailed, signed by both parties |
| Probative value | Reference for exit comparison |
How to conduct the inventory
The inventory can be done by the parties themselves or by an independent expert. It should describe the condition of every room, including walls, floors, ceilings, doors, windows, plumbing, electrical installations, and any fixtures. Photos are strongly recommended as supplements.
Step-by-step:
- Schedule: arrange the date before or on the day of key handover
- Attendance: both landlord and tenant (or their representatives) must be present
- Room by room: systematically describe each room’s condition
- Detail: note walls, floors, ceilings, doors, windows, fixtures
- Meters: record electricity, gas and water meter readings
- Keys: list the number and type of keys handed over
- Photos: take dated photographs as supplementary evidence
- Signature: both parties sign each page
Without an entry inventory, the tenant is presumed to have received the property in good condition (Article 1731 of the Civil Code). This means the tenant could be held responsible for pre-existing damage at exit. Always insist on a thorough entry inventory.
What must the inventory contain?
The inventory should describe for each room:
- Walls: condition, paint, wallpaper, marks, cracks
- Floors: type, condition, scratches, stains
- Ceilings: condition, stains, cracks
- Doors: condition, handles, locks, functionality
- Windows: condition, glazing, frames, functionality
- Plumbing: taps, sinks, toilet, bath/shower, condition
- Electrical: switches, outlets, lighting fixtures
- Heating: radiators, thermostat, boiler condition
- Special features: fireplace, balcony, garden, cellar, garage
For furnished properties, an additional furniture inventory should list all items with their condition.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 makes the inventory mandatory and specifies that it must be detailed and contradictory. The Brussels legislation reinforces the one-month deadline.
Walloon Region
The decree of 15 March 2018 imposes the same obligation. The Walloon decree provides detailed guidance on the inventory’s content.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 requires a detailed plaatsbeschrijving within the first month. The decree specifies that the cost is shared equally.
Article 1730 of the Belgian Civil Code (mandatory inventory). Article 1731 (presumption of good condition without inventory). Regional tenancy legislation.