Belgian law does not allow indefinite residential leases
In practice, no. Belgian law does not recognise indefinite-term primary residence leases. A lease without a specified duration is automatically treated as a 9-year lease. The recognised durations are: short-term (up to 3 years), standard (9 years), and long-term (more than 9 years). For non-residential leases (garages, offices), an indefinite-term lease is possible.
The Belgian residential lease regime is built around fixed durations with specific rules for each type. This structure ensures legal certainty for both landlords and tenants. An indefinite-term lease would undermine this framework by leaving both parties in a state of permanent uncertainty.
If a lease is concluded without specifying a duration, regional housing legislation automatically applies the 9-year lease regime. This is not a choice but a legal presumption that applies regardless of the parties’ intentions.
Available lease duration options
| Type | Duration | Termination rules |
|---|---|---|
| Short-term | Up to 3 years | Fixed term, limited early termination |
| Standard | 9 years | Termination possible at 3-year intervals |
| Long-term | More than 9 years | Specific rules apply |
| Life lease | Tenant’s lifetime | Ends at tenant’s death |
| No duration specified | Treated as 9 years | Standard rules apply |
| Indefinite term | Not recognised (residential) | Requalified as 9 years |
The standard 9-year lease is the most common and most protective. It offers the tenant stability while giving the landlord termination options at each three-year period. At the end of the 9 years, if neither party gives notice, the lease renews for successive three-year periods.
The life lease (bail a vie) is the closest equivalent to an indefinite lease. It lasts for the tenant’s lifetime but follows specific rules and the landlord’s termination options are very limited.
If you want maximum flexibility, the standard 9-year lease with clear termination clauses is usually the best option. It provides stability for the tenant while allowing the landlord to recover the property at three-year intervals under certain conditions.
Indefinite-term leases for non-residential properties
For properties that are not primary residences, ordinary contract law applies, and indefinite-term leases are permitted:
- Garage/parking leases — can be concluded for an indefinite term, terminable by either party with reasonable notice
- Office leases — same flexibility as garage leases
- Storage leases — indefinite term possible
- Land leases — specific agricultural lease law may apply
For these non-residential leases, if the duration is indefinite, either party can terminate at any time with a reasonable notice period. What constitutes “reasonable” depends on the circumstances: the duration of the relationship, the investments made, and common practice in the sector.
Courts typically consider 1 to 6 months as a reasonable notice period for indefinite-term non-residential leases, depending on the circumstances.
Regional specifics
Brussels-Capital Region
The ordinance of 27 July 2017 does not recognise indefinite-term residential leases. A lease without duration specification is treated as a 9-year lease. Brussels applies this rule strictly.
Walloon Region
The decree of 15 March 2018 follows the same principle. Wallonia does not recognise indefinite-term residential leases. The 9-year presumption applies.
Flemish Region
The Vlaams Woninghuurdecreet of 9 November 2018 similarly does not allow indefinite-term residential leases. Flanders applies the 9-year presumption for leases without specified duration.
Regional housing legislation (Brussels ordinance 2017, Walloon decree 2018, Flemish decree 2018) establishing the 9-year lease as the default for primary residences. Indefinite-term residential leases are automatically requalified.