The inventory must be annexed to the lease
Yes, the inventory of fixtures (etat des lieux) must be annexed to the lease. This is a mandatory document under Belgian regional legislation. It must be drawn up jointly by landlord and tenant (or by an independent expert) before or during the first month of occupancy. Without it, the tenant is presumed to have received the property in good condition.
The inventory of fixtures serves a crucial protective function for both parties. For the landlord, it documents the condition of the property at the start of the tenancy, enabling claims for damage at the end. For the tenant, it prevents the landlord from claiming pre-existing damage was caused by the tenant.
The document must be sufficiently detailed to be useful: a simple statement that the property is “in good condition” is not adequate. It should describe the condition of each room, walls, floors, fixtures, and appliances, ideally with photographs.
How to properly annex the inventory
The inventory should be:
- Dated and signed by both parties (or by the appointed expert)
- Drawn up before move-in or during the first month of occupancy
- Physically attached to the lease — referenced in the lease body and signed as part of the annexes
- Sufficiently detailed — room by room, with condition descriptions
- Accompanied by photos (recommended but not legally required)
| Method | Cost | Legal weight |
|---|---|---|
| Joint inventory (parties together) | Free | High (signed by both) |
| Independent expert | 150-400 EUR (shared equally) | Very high |
| Online template | Free or minimal | High if properly completed |
If one party refuses to participate in the inventory, the other party can request the appointment of an expert by the justice of the peace. The cost is shared equally between landlord and tenant. This is far preferable to having no inventory at all.
Consequences of a missing inventory
If no inventory of fixtures was drawn up:
- Legal presumption — the tenant is presumed to have received the property in the same condition as when they leave it (Article 1731 of the Civil Code, as modified by regional legislation)
- Burden of proof shifts — without an entry inventory, the landlord must prove that the tenant caused any damage, which is extremely difficult
- No deduction from deposit — the landlord will struggle to justify any deduction from the rental deposit for alleged damage
- Both parties at risk — the tenant cannot prove pre-existing damage, and the landlord cannot prove tenant-caused damage
The absence of an inventory does not invalidate the lease itself, but it significantly weakens both parties’ positions in case of dispute about the property’s condition.
Regional specifics
Brussels-Capital Region
The ordinance of 27 July 2017 makes the entry inventory mandatory. If one party refuses, the other can request the justice of the peace to appoint an expert. The cost is shared equally. The inventory must be annexed to the lease.
Walloon Region
The decree of 15 March 2018 imposes the same obligation. The Walloon decree specifically states that the inventory must be drawn up before or during the first month of occupancy and annexed to the lease.
Flemish Region
The Vlaams Woninghuurdecreet of 9 November 2018 requires a mandatory entry inventory. Flanders specifies that the inventory must be sufficiently detailed and that costs are shared equally between the parties if an expert is appointed.
Regional housing legislation (Brussels ordinance 2017, art. 220; Walloon decree 2018, art. 10; Flemish decree 2018, art. 9). The entry inventory is mandatory for all residential leases in Belgium.