The answer depends on how charges are structured
Flat-rate charges cannot be increased unilaterally during the lease. Actual charges (provisions with annual settlement) can be adjusted to reflect real costs, provided the landlord supplies supporting documents. The lease must clearly state which system applies. All three Belgian regions protect tenants against unjustified charge increases.
Belgian rental law distinguishes between two charge systems. Flat-rate charges are a fixed monthly amount that covers all ancillary costs — the landlord bears the risk of under- or overestimation. Actual charges are monthly provisions adjusted annually based on real expenditure, with a formal settlement statement.
The choice between flat-rate and actual charges must be clearly stated in the lease. If the lease is silent, courts generally interpret charges as flat-rate, which prevents the landlord from requesting additional payments.
Types of charges and their treatment
| Charge type | Can be increased? | Conditions |
|---|---|---|
| Flat-rate (forfait) | No (without agreement) | Requires written addendum signed by both parties |
| Provisions (actual) | Yes | Must be justified by supporting documents |
| Indexation of charges | Only if provided in lease | Follows the health index, like rent |
| Common area costs | Yes (if actual) | Based on co-ownership settlement statements |
Common charges covered include water, heating of common areas, lift maintenance, building insurance, cleaning of common areas, and rubbish collection. The landlord’s own expenses (mortgage, structural repairs, property tax) may never be passed on as tenant charges.
Always request the annual charge settlement statement. The landlord must provide it with supporting documents. You have the right to verify the underlying invoices. If the settlement shows an overpayment, the landlord must reimburse the difference.
Challenging an unjustified charge increase
If you believe the landlord has unjustly increased charges, several remedies exist:
- Formal request — send a registered letter asking for a detailed breakdown with supporting documents
- Mediation — contact the local mediation service for rental disputes
- Justice of the peace — file a claim before the justice of the peace of the district where the property is located
- Request reimbursement — if you have overpaid, you can claim reimbursement for up to 5 years of overpayments
The burden of proof lies with the landlord. They must demonstrate that the charges are justified and correspond to actual expenses incurred for the rented property.
Regional specifics
Brussels-Capital Region
The ordinance of 27 July 2017 requires the lease to specify whether charges are flat-rate or actual. The landlord must provide an annual settlement with supporting documents for actual charges. A list of chargeable and non-chargeable expenses is annexed to the ordinance.
Walloon Region
The decree of 15 March 2018 contains similar provisions. The Walloon government has published a detailed list specifying which charges may be passed on to the tenant and which remain the landlord’s responsibility.
Flemish Region
The Vlaams Woninghuurdecreet of 9 November 2018 requires precise specification of charges in the lease. Flanders also publishes a list of tenant-chargeable costs. The landlord must provide the settlement statement within a reasonable period after the end of the charge year.
Regional housing legislation (Brussels ordinance 2017, Walloon decree 2018, Flemish decree 2018) — each region has published lists defining which charges may be passed on to tenants.