You can draft a lease without a notary
Yes, you can draft a residential lease yourself without a notary. A private deed (sous seing prive) is perfectly valid for standard residential leases. However, the lease must contain all mandatory clauses required by regional legislation. A notary is only required for leases exceeding 9 years or for certain specific transactions.
Belgian law distinguishes between authentic deeds (actes authentiques), drawn up by a notary, and private deeds (actes sous seing prive), drawn up by the parties themselves. A standard residential lease is a private deed — no notarial intervention is needed for its creation, validity, or registration.
The advantage of drafting the lease yourself (or using an online platform) is cost savings — notarial fees for a lease can be several hundred euros. The risk is omitting mandatory clauses or including provisions that are illegal under regional legislation.
Mandatory content for a valid lease
Regional legislation requires certain information in every residential lease:
| Mandatory element | Details |
|---|---|
| Identity of parties | Full name, date of birth, domicile of landlord and tenant |
| Property description | Address, type, floor, surface area |
| Rent amount | Monthly rent in figures and words |
| Charges | Type (flat-rate or actual) and amount |
| Duration | Start date, end date, type of lease |
| Rental deposit | Amount, form (bank account), release conditions |
| Intended use | Primary residence, student housing, etc. |
| Indexation | Reference to the base index month |
| Regional annex | Mandatory regional information document |
Additional recommended (but not strictly mandatory) clauses:
- Maintenance responsibilities
- Pet policy
- Smoking policy
- Renovation permissions
- Subletting rules
Use an online platform like BailBelgique to generate your lease. The system includes all mandatory clauses for your specific region and lease type, eliminating the risk of omissions. Electronic signature is available for all parties.
When a notary is actually required
A notary is required in limited circumstances:
- Long-term leases (more than 9 years) — a notarial deed is needed for transcription at the mortgage office, which makes the lease enforceable against future property buyers
- Emphyteutic leases — long-term property rights require notarial form
- Certain commercial transactions — when the lease is part of a larger notarial transaction (property sale with ongoing lease)
- Voluntary choice — parties may choose to involve a notary for additional legal certainty
For a standard 9-year or short-term residential lease, notarial involvement is entirely optional. The private deed, once registered with the FPS Finance, provides the same legal protection.
Cost comparison:
| Method | Approximate cost |
|---|---|
| Draft yourself | Free (but risk of errors) |
| Online platform | 20-100 EUR |
| Lawyer | 300-800 EUR |
| Notary | 400-1,000 EUR |
Regional specifics
Brussels-Capital Region
The ordinance of 27 July 2017 specifies the mandatory content for leases in Brussels, including a mandatory regional annex. Leases drafted without this annex may be incomplete. Brussels does not require notarial intervention for standard leases.
Walloon Region
The decree of 15 March 2018 lists mandatory lease content for Wallonia. The Walloon decree includes specific mandatory mentions that differ slightly from Brussels. A model lease is published by the Walloon government.
Flemish Region
The Vlaams Woninghuurdecreet of 9 November 2018 specifies detailed mandatory content for Flemish leases. Flanders publishes a model lease template. Leases must be in a language understood by both parties, with Dutch recommended for registration.
Civil Code provisions on private deeds. Regional housing legislation specifying mandatory lease content (Brussels ordinance 2017, Walloon decree 2018, Flemish decree 2018). Notarial deed required only for leases exceeding 9 years.