A pop-up lease is not a traditional commercial lease
A pop-up lease is not a commercial lease under the Commercial Lease Act of 30 April 1951. It is a short-term commercial rental (maximum 1 year) governed by specific regional legislation or general contract law. Pop-up tenants do not benefit from the 9-year term, right to renewal, or triennium termination rights.
Pop-up stores have become a significant part of Belgium’s retail landscape. To provide a legal framework for these short-term commercial uses, Flanders and Brussels have introduced specific pop-up lease legislation. Wallonia has not yet adopted specific legislation and relies on general contract law.
The key distinction is the duration: a pop-up lease cannot exceed 1 year (including renewals in some regions). If the occupation exceeds 1 year, the Commercial Lease Act automatically applies, converting the arrangement into a standard 9-year commercial lease.
Pop-up lease rules
| Feature | Pop-up lease | Commercial lease |
|---|---|---|
| Maximum duration | 1 year | 9 years (minimum) |
| Renewal right | No automatic right | Up to 3 renewals of 9 years |
| Termination notice | 1 month (tenant) | 6 months at triennium |
| Registration | Optional but recommended | Mandatory |
| Compensation | None on termination | Up to 3 years’ rent |
| Applicable law | Regional pop-up legislation | Commercial Lease Act 1951 |
How to create a valid pop-up lease:
- Specify clearly that it is a pop-up lease (bail pop-up / pop-uphandelshuur)
- Set a duration of maximum 1 year
- State the commercial purpose of the premises
- Agree on termination terms (typically 1 month’s notice for the tenant)
- Do not renew beyond the 1-year total maximum
BailBelgique offers a specific pop-up lease template that complies with regional legislation. The platform includes safeguards to prevent accidental conversion into a commercial lease by tracking the total duration.
Critical risk: conversion to commercial lease
The most important risk with pop-up leases is automatic conversion to a commercial lease:
- If the tenant remains in the premises after the pop-up lease expires without a new agreement, the Commercial Lease Act may apply
- If the total duration exceeds 1 year (including extensions), conversion occurs
- Once converted, the tenant gains all commercial lease protections: 9-year term, renewal rights, and compensation claims
This conversion is automatic and cannot be prevented by contract. A clause stating “this lease will not convert to a commercial lease” is void.
As a landlord, be extremely vigilant about the 1-year limit. If you allow the pop-up tenant to stay beyond this period, you may find yourself bound by a 9-year commercial lease with the tenant enjoying full renewal rights. Set clear end dates and act promptly when the lease expires.
Regional specifics
Brussels-Capital Region
Brussels adopted specific pop-up lease legislation in 2019. Pop-up leases in Brussels can have a maximum duration of 1 year, renewable up to 1 year total. The tenant can terminate at any time with 1 month’s notice. The landlord cannot terminate early.
Wallonia
Wallonia has not yet adopted specific pop-up lease legislation. Short-term commercial rentals are governed by general contract law and the principle of contractual freedom. However, if the arrangement meets the criteria of the Commercial Lease Act (retail with public contact, beyond 1 year), the Act applies automatically.
Flanders
Flanders was the first region to adopt pop-up lease legislation (Decree of 17 June 2016). The Flemish framework allows pop-up leases of up to 1 year, with the tenant able to terminate with 1 month’s notice. The Flemish pop-up decree is the most detailed framework in Belgium.
Flanders: Decree of 17 June 2016 on pop-up commercial leases. Brussels: Ordinance of 2019 on short-term commercial leases. Wallonia: no specific legislation (general contract law applies). Commercial Lease Act of 30 April 1951 — applies if occupation exceeds 1 year.