Refusing to sign is possible but strongly inadvisable
A tenant can technically refuse to sign the inventory of fixtures, but this is strongly inadvisable. Instead, the tenant should sign with written reservations noting any disagreements. Without a signed inventory, the law presumes the tenant received the property in good condition — which means they could be held liable for all damage at the end of the lease.
The inventory of fixtures (etat des lieux / plaatsbeschrijving) is a critical document that describes the condition of the property at the start of the lease. It serves as the baseline for comparing the property’s condition at entry and exit, determining whether the tenant caused any damage.
The inventory is mandatory for residential leases in Belgium. Both the landlord and the tenant have an interest in conducting a thorough and accurate inventory.
How to handle disagreements about the inventory
Instead of refusing to sign:
- Read the inventory carefully before signing
- Add written reservations next to any item you disagree with (e.g., “I note that the scratch on the kitchen counter was pre-existing”)
- Take photographs of all disputed items with timestamps
- Sign the document with the mention “signed with reservations” (signe sous reserve)
- Request a copy of the signed inventory for your records
If agreement is impossible:
- Either party can request a court-appointed expert (via the Justice of the Peace)
- The expert conducts an independent inventory
- The expert’s report is binding on both parties
- Costs are shared equally (typically 300-600 EUR total)
BailBelgique provides a structured digital inventory template with photo upload capabilities. Each item has a space for remarks and reservations, ensuring all disagreements are documented clearly and professionally.
Legal consequences of refusing to sign or not having an inventory
| Scenario | Legal presumption | Consequence for tenant |
|---|---|---|
| Inventory signed by both | Property condition as described | Tenant liable only for documented changes |
| Inventory signed with reservations | As described, minus reserved items | Reservations create discussion points |
| Tenant refuses to sign | No valid inventory exists | Presumption of good condition (disadvantageous) |
| No inventory conducted | No valid inventory exists | Presumption of good condition (disadvantageous) |
The legal presumption is the key issue. Article 1731 of the Belgian Civil Code provides that if no inventory exists, the tenant is presumed to have received the property in good condition. This means at the end of the lease, the tenant could be held responsible for all damage, even pre-existing damage.
By refusing to sign the inventory, you are effectively giving up your best protection against unfair damage claims. Always sign — even if you disagree with parts of the content. Written reservations on a signed inventory provide far better protection than no inventory at all. If needed, request a court-appointed expert for an impartial assessment.
Regional specifics
Brussels-Capital Region
The Brussels Housing Code makes the entry inventory mandatory for residential leases. Brussels provides that the inventory must be conducted during the first month of the lease. If the parties cannot agree, the Justice of the Peace can appoint an expert.
Wallonia
The Walloon Residential Lease Decree similarly mandates an entry inventory. Wallonia requires the inventory to be attached to the lease as an annex. The cost of an amicable inventory is shared equally between the parties.
Flanders
The Flemish Housing Rental Decree requires a comprehensive entry inventory within the first month of the lease. Flanders has the most detailed requirements for inventory content, including room-by-room descriptions and condition assessments.
Belgian Civil Code, art. 1731 — Presumption of good condition in the absence of inventory. Regional housing legislation makes the entry inventory mandatory for residential leases. Cost-sharing provisions vary by region.