Equal cost sharing is mandatory
The cost of the inventory is shared equally between landlord and tenant. This is a mandatory rule under Article 1730 of the Civil Code. A lease clause placing the entire cost on the tenant is void. If done DIY, the cost is zero. If an expert is used, each party pays half.
| Scenario | Landlord pays | Tenant pays |
|---|---|---|
| Parties do it themselves | Nothing | Nothing |
| Independent expert (300 EUR) | 150 EUR | 150 EUR |
| Court-appointed expert | As court decides | As court decides |
| Lease says tenant pays all | Void clause | Cannot be enforced |
How it works in practice
When an expert is used, the invoice is typically sent to the party who arranged the appointment. The other party reimburses their half. It is good practice to agree on the cost-sharing arrangement before the inventory appointment.
Common payment arrangements:
- Expert sends one invoice to the arranging party, who collects half from the other
- Expert sends two invoices (one to each party) — less common
- Cost is documented in the lease as a provision to be settled
The cost-sharing rule applies to both entry and exit inventories. For the exit inventory, the same 50/50 principle applies.
Some property management agencies charge inflated “inventory fees” that go beyond the expert’s actual cost. The tenant should only pay half of the actual expert fee. Any additional agency markup should be borne by the landlord as their management cost.
Void lease clauses
The following lease clauses are void regarding inventory costs:
- Clause placing the entire cost on the tenant
- Clause requiring the tenant to pay a flat-rate “inventory fee”
- Clause requiring the tenant to use the landlord’s preferred expert at inflated rates
- Clause waiving the tenant’s right to an inventory
These clauses are contrary to the mandatory provisions of Article 1730 and regional legislation. The tenant can invoke their nullity at any time during or after the tenancy.
If the tenant has already paid an improper amount, they can request reimbursement within the general contractual limitation period (5 years).
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 confirms the mandatory equal cost sharing. Brussels courts strictly enforce this rule.
Walloon Region
The decree of 15 March 2018 mandates equal cost sharing for the inventory. The principle is consistently applied in Walloon case law.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 confirms gelijke verdeling (equal sharing) of plaatsbeschrijving costs. Any contrary clause is void.
Article 1730 of the Belgian Civil Code (mandatory equal cost sharing). Regional tenancy legislation (confirming the principle). Consumer protection law (unfair contract terms).