Residential-style shared housing does not apply to commercial leases
Shared housing (colocation) as defined by Belgian housing legislation does not apply to commercial leases. However, commercial premises can be shared between multiple businesses through a sub-lease (with landlord consent), a co-tenancy arrangement, or a coworking agreement. Each option has different legal implications and requires specific contractual arrangements.
The concept of colocation (shared housing) is specifically defined in Belgian regional housing legislation as a residential arrangement. The protections for shared housing tenants — individual exit rights, departure procedures, shared housing agreements — are tied to residential lease law and do not extend to commercial leases.
This does not mean commercial spaces cannot be shared. Belgian law offers several mechanisms for multiple businesses to occupy the same premises, but these fall under commercial lease law (the Commercial Lease Act of 30 April 1951) or general contract law, not residential shared housing legislation.
Options for sharing commercial premises
Option 1: Sub-lease
- The primary tenant sub-leases part of the premises to another business
- Requires explicit landlord consent (often prohibited in commercial leases)
- The sub-tenant has no direct relationship with the landlord
- The primary tenant remains fully responsible for the entire rent
Option 2: Co-tenancy (joint lease)
- Multiple businesses sign a single commercial lease together
- All co-tenants are directly responsible to the landlord
- Can include a solidarity clause
- Useful for businesses that want to share a retail space
Option 3: Coworking/service agreement
- Not a lease at all — a service contract for workspace access
- No tenant protections under commercial lease law
- Maximum flexibility but minimum security
- Does not benefit from the right to renewal
If you need to share commercial premises, BailBelgique can help you structure the arrangement properly. The platform offers commercial lease templates with sub-lease clauses and co-tenancy provisions.
Legal implications of each structure
| Feature | Sub-lease | Co-tenancy | Coworking |
|---|---|---|---|
| Landlord consent | Required | At signing | Not applicable |
| Lease renewal right | Only primary tenant | All co-tenants | None |
| Termination right | Per sub-lease terms | Per commercial lease act | Per contract |
| Registration | Recommended | Required | Not applicable |
| Solidarity | No (separate obligations) | Possible | No |
| Duration protection | Limited | 9-year framework | None |
The choice between these structures depends on the relationship between the businesses, the duration of the arrangement, and the level of protection desired.
Sub-leasing commercial premises without the landlord’s written consent is a serious breach that can lead to lease termination. Most commercial leases include a prohibition on sub-leasing. Always check your lease and obtain written consent before sharing the space. The commercial lease termination rules apply to the primary lease regardless.
Regional specifics
Brussels-Capital Region
Commercial lease law is federal, so the rules on sub-leasing and co-tenancy are the same across Belgium. Brussels has a thriving coworking market, and many arrangements are structured as service contracts rather than sub-leases to avoid commercial lease complications.
Wallonia
The same federal commercial lease law applies. Wallonia has seen growth in shared commercial spaces, particularly in smaller cities. The legal structures used are typically co-tenancy agreements or service contracts.
Flanders
Flanders applies the same federal framework. Flemish cities like Antwerp and Ghent have vibrant coworking and shared retail space markets. For properties in Flanders, remember that the commercial lease must be in Dutch regardless of the sharing arrangement.
Commercial Lease Act of 30 April 1951, art. 10 — Sub-leasing rules for commercial leases. Federal Civil Code — General contract law for co-tenancy and service agreements. Regional housing legislation does not apply to commercial arrangements.