Yes, commercial tenants have a right to renewal
A commercial tenant has the right to request up to 3 successive renewals of 9 years each, potentially extending occupancy to 36 years total. The request must be sent by registered letter or bailiff notification between 18 and 15 months before the lease expiry date. The landlord can only refuse under specific legal grounds listed in the Commercial Lease Act.
The right to renewal is one of the strongest protections available to commercial tenants in Belgium. It recognizes that commercial tenants often invest significantly in building their business at a specific location and should not be easily displaced.
However, this right is not absolute — it requires strict compliance with procedural requirements. Missing the renewal request deadline (18-15 months before expiry) results in the loss of the renewal right for that period.
Understanding how to request commercial lease renewal is essential for protecting this valuable right.
How to exercise the right to renewal
Step-by-step procedure:
- Calculate the deadline window: 18 to 15 months before lease expiry
- Draft the renewal request: state the proposed conditions (rent, any modifications)
- Send by registered letter or bailiff notification
- Wait for the landlord’s response: 3 months maximum
- If no response: renewal is deemed accepted under your proposed conditions
Timeline example (lease expiring 31/12/2028):
- Earliest request: 01/07/2027 (18 months before)
- Latest request: 30/09/2027 (15 months before)
- Landlord response deadline: 3 months after receipt
BailBelgique calculates the exact renewal request window for your commercial lease and sends automatic reminders. The platform generates a compliant renewal request letter with all required legal references.
When can the landlord refuse renewal?
| Ground for refusal | Compensation to tenant |
|---|---|
| Personal use by landlord or close family | None (if actually occupied within 6 months) |
| Major renovations (cost > 3 years’ rent) | 1 year’s rent |
| Change of destination (different commercial use) | Varies (up to 3 years’ rent) |
| Offer of higher rent by a third party | Must match the offer or pay compensation |
| Reconstruction of the building | 2-3 years’ rent |
| No response within 3 months | Deemed acceptance (no refusal possible) |
The landlord’s refusal must be genuine and carried out in good faith. If the landlord claims personal use but does not actually use the premises within 6 months, the tenant is entitled to compensation of up to 3 years’ rent. Courts strictly enforce this anti-abuse provision.
The renewal right is lost if the request is not sent within the 18-15 month window. This is one of the most critical deadlines in Belgian commercial lease law. Mark it in your calendar immediately upon signing the lease. Missing this deadline by even one day eliminates your right to renewal for that period.
Regional specifics
Brussels-Capital Region
Commercial lease law is federal, so the renewal right is identical across all regions. Brussels courts have extensive case law on renewal disputes, particularly regarding the valuation of goodwill compensation when renewal is refused.
Wallonia
The same federal rules apply. Walloon courts tend to be protective of commercial tenants’ renewal rights, particularly in smaller towns where alternative commercial locations may be limited.
Flanders
Flemish courts apply the same federal legislation. Flanders has seen significant litigation on the “major renovations” ground for refusal, with courts requiring detailed renovation plans and building permits before accepting this as a valid reason.
Commercial Lease Act of 30 April 1951, art. 13-14 — Right to renewal, request procedure, and landlord refusal grounds. Text on Justel. Maximum 3 renewals of 9 years each.