Request renewal between 18 and 15 months before expiry
The commercial tenant must request lease renewal between 18 and 15 months before the expiry date. The request must be sent by registered letter or bailiff notification and must state the proposed conditions for the new lease. Failure to respect this deadline results in loss of the right to renewal.
The right to renewal is one of the cornerstones of Belgian commercial lease law, governed by the Commercial Lease Act of 30 April 1951. The tenant is entitled to up to 3 successive renewals of 9 years each, potentially extending occupancy to 36 years.
The strict timeframe (18-15 months) is mandatory and cannot be waived. A request sent too early or too late is legally invalid, and the tenant loses the right to renewal for that period. The request must specify the conditions under which the tenant wishes to renew, including any proposed changes to the rent.
Understanding this procedure is essential for any commercial tenant who wishes to secure their business location long-term.
How to submit the renewal request
The procedure must be followed precisely:
- Calculate the deadline: count back 18 to 15 months from the lease expiry date
- Draft the request: include the proposed conditions (rent, duration, any modifications)
- Send by registered letter with acknowledgment of receipt, or via bailiff notification
- Keep proof of sending and receipt dates
- Wait for the landlord’s response within 3 months
The request must include:
- Clear statement that it is a renewal request under the Commercial Lease Act
- Proposed conditions for the renewed lease
- Any modifications the tenant wishes to make
Use BailBelgique to generate a compliant renewal request letter. The platform calculates the correct deadline window and includes all required legal references.
Possible landlord responses
The landlord has 3 months to respond to the renewal request:
| Response | Consequence | Tenant’s options |
|---|---|---|
| Acceptance | Lease renewed under proposed conditions | Sign the new lease |
| Counter-proposal | Different conditions proposed | Negotiate or go to court |
| Refusal with personal use | Landlord wants to use the premises | Compensation may be due |
| Refusal with major works | Landlord plans substantial renovations | Compensation of 1-3 years’ rent |
| No response within 3 months | Deemed acceptance | Lease renewed under proposed conditions |
If the landlord refuses, the grounds must fall within the categories listed in the Commercial Lease Act. The tenant may challenge the refusal before the Justice of the Peace within 30 days of receiving the refusal.
If the landlord does not respond within 3 months, the renewal is automatically deemed accepted under the conditions proposed by the tenant. Landlords must therefore respond in writing within the deadline to avoid being bound by the tenant’s proposed terms.
Regional specifics
Brussels-Capital Region
Commercial lease law remains federal in Belgium, so the renewal procedure is identical across all regions. In Brussels, the commercial courts have developed significant case law on what constitutes valid grounds for refusal, particularly regarding “personal use” by the landlord.
Wallonia
The same federal rules apply. Walloon courts tend to be protective of commercial tenants, particularly in smaller towns where alternative commercial premises may be scarce. The compensation amounts in case of refusal are applied strictly.
Flanders
Flemish courts apply the same federal legislation. In major commercial centres like Antwerp and Ghent, disputes over commercial lease renewals are common, and the courts have established detailed precedent on the valuation of goodwill compensation.
Commercial Lease Act of 30 April 1951, art. 13-14 — Text on Justel. Strict deadline of 18-15 months before expiry for renewal requests.