A lease with maximum contractual freedom
An ordinary law lease (bail de droit commun) is governed by the general rules of the Civil Code without the specific tenant protections of primary residence legislation. It applies to garages, offices, secondary residences, warehouses and any property not used as a primary residence. The parties have broad contractual freedom to set the duration, notice and conditions.
The ordinary law lease is the “residual” category: it applies to any rental that does not qualify as a primary residence lease or a commercial lease. This gives both parties significantly more flexibility in negotiating terms.
When does the ordinary law lease apply?
The ordinary law lease applies to:
| Property type | Example |
|---|---|
| Garage or parking space | Individual garage, underground parking |
| Office space | Professional office without public contact |
| Secondary residence | Holiday home, weekend property |
| Warehouse or storage | Commercial or private storage |
| Student accommodation | In some cases (varies by region) |
| Furnished tourist rental | Short-term holiday let |
The key criterion is that the property is not used as the tenant’s primary residence. If the tenant establishes their domicile at the property, the primary residence rules apply regardless of what the lease says.
If a tenant registers their domicile at a property leased under an ordinary law lease, the lease may be requalified as a primary residence lease by the court. This would give the tenant stronger protections than originally agreed.
Key differences from a primary residence lease
| Aspect | Ordinary law lease | Primary residence lease |
|---|---|---|
| Governing law | Civil Code (general rules) | Regional housing legislation |
| Duration | Freely agreed (no minimum or maximum) | 9 years default (or short-term max 3 years) |
| Notice period | Freely agreed | 3 months (tenant), 6 months (landlord) |
| Rent indexation | Freely agreed | Only if clause + registered lease |
| Registration | Optional (but recommended) | Mandatory (free for residential) |
| Deposit | Freely agreed | 2-3 months (regional cap) |
| Tenant protections | Minimal | Strong (mandatory provisions) |
The main advantage of the ordinary law lease is flexibility. The main disadvantage is the lack of protection for the tenant, who cannot rely on the mandatory provisions of the housing legislation.
BailBelgique generates ordinary law leases with appropriate clauses for the specific property type (garage, office, secondary residence).
Regional specifics
The ordinary law lease is governed primarily by federal civil law (Civil Code, Articles 1714 ff.). Regional housing legislation does not apply to ordinary law leases.
However, some regions have introduced specific rules for certain subcategories:
- Student leases: Brussels and Flanders have specific legislation for student accommodation
- Tourist rentals: regional regulations may apply to short-term holiday lets
- Co-working spaces: generally fall under ordinary law but may overlap with commercial lease rules
Belgian Civil Code, Art. 1714-1762bis — General rules governing leases that do not fall under specific protective legislation.