Required in Brussels, strongly recommended elsewhere
A shared housing agreement (pacte de colocation) is legally required in Brussels for shared housing leases. In Wallonia and Flanders, it is not mandatory but strongly recommended. This document regulates the internal relationship between co-tenants: cost sharing, common areas, house rules, and departure procedures.
The shared housing agreement serves a fundamentally different purpose from the lease. While the lease governs the relationship between the landlord and the tenants (rent, maintenance, duration), the shared housing agreement governs the relationship between the co-tenants themselves.
Without a shared housing agreement, disputes between co-tenants about cleaning, noise, shared costs, or departure procedures have no contractual framework for resolution. The lease alone does not address these internal matters.
The agreement should be drafted at the same time as the lease and signed by all co-tenants. The landlord may also be a party to the agreement, though this is not required.
What to include in a shared housing agreement
A comprehensive shared housing agreement should cover:
- Cost sharing: how rent, utilities, internet, and shared supplies are divided
- Common areas: rules for kitchen, bathroom, living room, garden use
- Private spaces: which rooms are exclusively assigned to which tenant
- House rules: noise levels, guests, smoking, pets, cleaning schedule
- Departure procedure: notice period, replacement process, deposit handling
- Conflict resolution: mediation steps before legal action
- Maintenance: who handles what repairs and cleaning
- Financial management: who manages shared accounts and payments
BailBelgique generates a comprehensive shared housing agreement alongside the lease. The agreement covers all essential topics and can be customized to the specific needs of your shared housing arrangement.
Lease vs shared housing agreement
Understanding the distinction between these two documents is essential:
| Aspect | Lease | Shared housing agreement |
|---|---|---|
| Parties | Landlord + all tenants | Co-tenants only (optionally landlord) |
| Subject | Rental relationship | Internal co-tenant rules |
| Registration | Mandatory via MyRent | Not required |
| Legal basis | Regional housing legislation | Contractual freedom |
| Enforceability | Against landlord and tenants | Between co-tenants only |
| Duration | Fixed (matches the lease) | Matches the lease or individual |
| Modification | Requires all parties including landlord | Co-tenants can modify independently |
The two documents work together: the lease establishes the legal framework with the landlord, while the shared housing agreement ensures smooth day-to-day cohabitation among the tenants.
A shared housing agreement cannot contradict the lease. If the lease states that rent is divided equally but the shared housing agreement states otherwise, the lease prevails in disputes with the landlord. The agreement only governs internal co-tenant relations. Choose between a single or separate lease carefully, as this affects how the agreement works.
Regional specifics
Brussels-Capital Region
Brussels is the only region where a shared housing agreement is legally mandatory for recognized shared housing leases. The Brussels Housing Code requires it as an annex to the lease. The agreement must cover at least the division of costs, use of spaces, and departure procedures.
Wallonia
The Walloon Residential Lease Decree does not make the shared housing agreement mandatory, but strongly encourages it. Walloon courts have recognized the shared housing agreement as an important document for resolving co-tenant disputes.
Flanders
The Flemish Housing Rental Decree does not require a shared housing agreement, but it is considered best practice. Flemish courts will consider the agreement as evidence of the co-tenants’ intentions when resolving disputes.
Brussels Housing Code, art. 261 — Mandatory shared housing agreement in Brussels. Wallonia and Flanders: not mandatory but recognized as valid contractual documents under general civil law.