Either party can arrange the expert
Either the landlord or the tenant can arrange the expert. Ideally, both agree on the choice to ensure impartiality. If they cannot agree, either party can request the justice of the peace to appoint one. The expert’s fee is shared equally regardless of who arranged the appointment.
| Scenario | Procedure | Cost sharing |
|---|---|---|
| Both agree on expert | Joint selection | 50/50 |
| Landlord proposes, tenant accepts | Landlord arranges | 50/50 |
| Tenant proposes, landlord accepts | Tenant arranges | 50/50 |
| No agreement | Court appointment | 50/50 (or as court decides) |
Choosing the expert together
Agree on the expert before the lease starts. Choose an independent professional with no prior relationship to either party. Verify their qualifications (IPI/BIV registration, professional liability insurance) and compare quotes from several experts.
How to select an expert:
- Propose names: each party proposes one or two experts
- Compare qualifications: check IPI/BIV registration, experience, reviews
- Compare quotes: ask for written quotes (most charge 150-400 EUR)
- Agree in writing: confirm the chosen expert and the appointment date
- Both attend: both parties must be present at the inventory
Types of experts:
- Geometre-expert / landmeter-expert (certified surveyors)
- Real estate agents (IPI/BIV registered)
- Specialised inventory firms
- Architects (generally more expensive)
Avoid choosing an expert proposed by only one party without the other’s agreement. The losing party in a dispute may challenge the impartiality of a unilaterally chosen expert. Joint selection provides the strongest probative value.
When the court appoints an expert
If landlord and tenant cannot agree on an expert:
- Either party can apply to the justice of the peace
- The court appoints an independent judicial expert
- The judicial expert’s report has the strongest probative value
- The costs are typically shared equally but the court may order differently
- The procedure is relatively fast (the court recognises the one-month deadline)
This procedure is rare in practice. Most parties reach agreement on an expert, especially when both understand that the cost is shared equally and the inventory protects both sides.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 provides that either party can request an expert. Brussels has a large pool of qualified inventory professionals.
Walloon Region
The decree of 15 March 2018 follows the same principles. The justice of the peace can appoint an expert if the parties cannot agree.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 allows either party to insist on an expert plaatsbeschrijving. The vrederechter can appoint one if needed.
Article 1730 of the Belgian Civil Code (expert appointment). Judicial Code, Articles 962 et seq. (judicial expert procedures). Regional tenancy legislation.