Garage lease indexation requires an express clause
No, rent indexation does not apply automatically to garage leases. Garage and parking leases fall under ordinary contract law, not residential housing legislation. The landlord can only index the rent if the lease contains an express indexation clause. Without it, the rent remains fixed for the entire lease duration.
The distinction is fundamental: primary residence leases benefit from a legal right to indexation established by regional housing decrees. Garage leases, as “common law” leases (baux de droit commun), are governed solely by the Civil Code, which contains no indexation mechanism. The parties must contractually agree on indexation.
This means the landlord has full freedom to choose the index (health index, consumer price index, or any other reference), the frequency, and the calculation method — but only if these elements are specified in the lease.
How to draft an indexation clause for a garage lease
A valid indexation clause for a garage lease should specify:
- The applicable index — typically the consumer price index or health index
- The base index — the index value at the start of the lease (specify month and year)
- The indexation date — when indexation occurs (usually the lease anniversary)
- The calculation formula — New rent = Base rent x (New index / Base index)
- Notification requirement — whether the landlord must notify the tenant
| Clause element | Example |
|---|---|
| Index | Consumer price index (base 2013 = 100) |
| Base month | Month preceding lease signature |
| Frequency | Annual, on lease anniversary |
| Formula | Base rent x (New CPI / Base CPI) |
| Cap | Optional: maximum increase per year |
When drafting a garage lease, always include an indexation clause. Without it, the rent will remain unchanged for the entire duration, even if inflation is significant. Use the consumer price index for consistency with commercial lease practice.
Garage lease vs residential lease indexation
| Feature | Residential lease | Garage lease |
|---|---|---|
| Legal regime | Regional housing legislation | Ordinary contract law (Civil Code) |
| Automatic indexation right | Yes | No |
| Clause required | No | Yes |
| Applicable index | Health index (by law) | Any index (contractual choice) |
| Must be requested | Yes | Depends on clause |
| Registration fees | Free | 0.2% of total rent |
The key takeaway is that the garage lease operates on contractual freedom. The parties can agree to any indexation mechanism or none at all. This flexibility is an advantage but also requires careful drafting to avoid gaps.
If the garage is rented together with a residence under a single contract, it follows the residential lease regime, including automatic indexation rights.
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. No specific Brussels rules affect garage lease indexation.
Walloon Region
The same federal ordinary contract law applies in Wallonia. The decree of 15 March 2018 on residential leases does not cover standalone garage leases. Indexation is purely contractual.
Flemish Region
Federal ordinary contract law governs garage leases in Flanders. The Vlaams Woninghuurdecreet of 9 November 2018 does not apply. However, if the garage is an inseparable accessory of a rented dwelling, it follows the residential regime.
Civil Code, art. 1708-1762 (ordinary lease law). Law of 2 August 1966 (indexation mechanism). Garage leases are not covered by regional housing legislation unless rented together with a dwelling.