Garage leases fall under ordinary contract law
Yes, a lease can be concluded for a garage or parking space. This contract does not fall under primary residence lease legislation but under ordinary contract law (Civil Code). The parties are free to set the duration, rent, and termination conditions. Registration is mandatory and subject to registration fees of 0.2% of the cumulative rent.
The garage or parking lease is not subject to any specific protective legislation. It is governed by articles 1708 et seq. of the Civil Code. This means the rules on minimum duration, mandatory notice periods, or automatic indexation that apply to residential leases do not apply here.
This contractual freedom benefits both parties: the landlord can set conditions as desired, and the tenant can negotiate more easily. However, clauses must remain balanced and not be abusive.
Important distinction: if the garage is rented together with the dwelling under the same contract, it follows the primary residence lease regime. It only falls under ordinary law if it is the subject of a separate contract.
How to draft a garage lease
Essential elements of the contract:
- Precise description of the property: address, space number, surface area
- Lease duration — freely chosen (1 month, 1 year, 3 years, indefinite…)
- Rent amount and payment frequency (monthly, quarterly)
- Charges — water, electricity, common area maintenance
- Termination conditions — notice period freely set by the parties
- Indexation clause — optional, must be expressly included
- Rental deposit — not mandatory but recommended
| Criterion | Garage lease (ordinary law) | Residential lease |
|---|---|---|
| Minimum duration | None | 1 year (short-term) or 9 years |
| Notice period | Freely set | 3 or 6 months depending on case |
| Indexation | Optional (must be specified) | Automatic (health index) |
| Registration | Mandatory (0.2% fee) | Mandatory (free) |
| Rental deposit | Optional | Max 2-3 months depending on region |
Create your garage lease via BailBelgique by selecting the “garage/parking” type. The contract is adapted to the ordinary law regime with configurable termination and indexation clauses.
Tax and registration of a garage lease
Unlike primary residence leases (free registration), the garage lease is subject to registration fees:
- Rate — 0.2% of total rent over the lease duration
- Example — for a rent of 100 EUR/month over 3 years, the fees are 0.2% x 3,600 EUR = 7.20 EUR
- Deadline — 2 months from the signing date
- Late penalty — 25 EUR for late registration
Registration is done via MyRent or at the competent registration office. Payment is made online during registration.
Rental income taxation: rent received for a garage is taxable for the landlord. It is taxed based on the revalued cadastral income (if the tenant is an individual) or actual rent received (if the tenant is a company or self-employed person).
If the garage is rented together with the dwelling under a single contract, the entire contract follows the primary residence lease regime and registration is free. Check whether a separate contract is actually advantageous in your situation.
Regional specifics
Brussels-Capital Region
Garage leases in Brussels are governed by federal ordinary contract law. The regional housing legislation (ordinance of 27 July 2017) does not apply to standalone garage rentals. The municipality may impose specific planning rules for garage use.
Walloon Region
In Wallonia, the garage lease is similarly governed by ordinary contract law. The decree of 15 March 2018 on residential leases does not cover garages rented separately. An energy performance certificate is not required for a garage.
Flemish Region
In Flanders, the Vlaams Woninghuurdecreet of 9 November 2018 does not apply to independently rented garages. Federal ordinary contract law applies. Note: if the garage is an inseparable accessory of the rented dwelling, it follows the Flemish residential lease regime.
Civil Code, art. 1708-1762 (hire of things) and Registration Duties Code, art. 19 and 83 — Text on Justel. Registration fees of 0.2% for ordinary law leases.