Article 1730 of the Belgian Civil Code requires the preparation of a detailed entry inventory for every primary residence lease. This obligation applies in all three regions.

Who must carry it out? Both parties — landlord and tenant — must participate in the inventory. It is contradictory because each party can make their observations.

When? The inventory must be drawn up during the period when the premises are unoccupied, i.e. before moving in or at the very beginning of occupation.

By whom? The parties can do it themselves or call on an expert (surveyor, architect). In case of disagreement, either party can ask the Justice of the Peace to appoint a court expert.

Key point

The costs of the inventory are shared equally between the landlord and tenant, including any expert fees.

What should the inventory contain?

A complete inventory must describe the condition of the property with precision:

1. Room-by-room description. Each room is inspected: floors, walls, ceilings, doors, windows, sanitary installations, electrical fittings.

2. Record of existing damage. Cracks, damp marks, stains, scratches — everything must be noted and ideally photographed.

3. Meter readings. Water, gas and electricity meter readings are noted to avoid disputes over charges.

4. Furniture inventory. If the property is let furnished, each piece of furniture and equipment must be described with its condition.

What happens without an inventory?

The absence of an entry inventory has significant legal consequences:

For the tenant: Without an inventory, Article 1731 of the Civil Code presumes that the tenant received the property in good state of repair. At the end of the lease, they must return it in the same condition, unless they can prove that the damage already existed — which is very difficult without documentation.

For the landlord: The landlord loses an essential tool for claiming compensation for damage caused by the tenant. They will find it difficult to retain the rental deposit.

The exit inventory: Although not legally mandatory, an exit inventory is strongly recommended. It is the comparison between the entry and exit inventories that determines responsibilities.

Tip

Take dated photographs during the entry inventory. They constitute valuable additional evidence in case of a dispute at the end of the lease.