Language depends on where the property is located
In Flanders, the lease must be in Dutch. In Brussels, the tenant chooses between French or Dutch. In Wallonia, the lease must be in French. Using the wrong language can result in nullity of the lease or certain clauses. In the German-speaking community, German may be used.
Belgium’s linguistic legislation is complex, reflecting its three linguistic communities. The language requirements for leases are determined by the location of the leased property, not by the nationality or language of the parties.
| Region | Required language | Consequence of non-compliance |
|---|---|---|
| Flanders | Dutch | Possible nullity |
| Brussels | French or Dutch (tenant’s choice) | Depends on context |
| Wallonia | French | Possible nullity |
| German-speaking community | German (or French) | Depends on context |
What if the wrong language is used
The consequences of using the wrong language vary:
- In Flanders: the language legislation (Decrees of 1973) is strictly enforced. A lease in a language other than Dutch may be declared null by the court. The tenant can request a replacement in Dutch.
- In Wallonia: similar consequences apply if the lease is not in French, though enforcement may be less strict.
- In Brussels: bilingual region; the tenant’s choice of language must be respected.
In practice, courts may choose to:
- Declare the entire lease null (rare)
- Order a translation at the landlord’s expense
- Declare only the non-compliant clauses null
The language requirement applies to the lease document itself. Correspondence between the parties (letters, emails) must also be in the correct language when sent in an official capacity.
Leases in English
A lease in English is in principle valid as a private contract between parties. However:
- In Flanders: a lease in English does not comply with the language legislation. The tenant can challenge its validity.
- In Brussels: an English lease is not prohibited between private parties, but the official language (French or Dutch) must be used for registration and court proceedings.
- In Wallonia: an English lease may be accepted between private parties but is not recommended.
For international tenants, the practical solution is to use a bilingual lease (official language + English translation) or to have the lease drafted in the official language with an unofficial English translation annexed.
BailBelgique generates leases in French, Dutch and English, with automatic compliance to regional language requirements.
Regional specifics
Brussels-Capital Region
Brussels is officially bilingual (French and Dutch). The tenant has the right to choose the language of the lease. Registration and court proceedings follow the chosen language.
Walloon Region
Wallonia requires French for all official documents, including leases. The Walloon decree on residential leases must be complied with in French.
Flemish Region
Flanders has the strictest language requirements. The Taaldecreet of 19 July 1973 imposes Dutch for all social and economic relations, including lease agreements. Non-compliance can lead to nullity at the request of one of the parties.
German-speaking Community
In the municipalities of the German-speaking community, leases can be drafted in German. French is also accepted.
Flemish Taaldecreet of 19 July 1973 + French Community Decree on language use + Brussels Language Act — Language requirements are determined by the property’s location.