Distribution follows the Civil Code, with contractual flexibility
By default, the landlord pays for major repairs (structure, roof, load-bearing walls, facade) and the commercial tenant pays for routine maintenance and tenant repairs. However, commercial leases offer significant contractual freedom to redistribute these obligations, except for works caused by age or force majeure, which always remain the landlord’s responsibility.
The default distribution under the Civil Code distinguishes between:
- Major repairs (grosses reparations): the landlord’s responsibility
- Tenant repairs (reparations locatives): the tenant’s responsibility
- Improvements and fit-out: typically the tenant’s responsibility (unless agreed otherwise)
What the landlord pays (by default)
| Category | Examples |
|---|---|
| Structural works | Foundations, load-bearing walls, beams |
| Roof | Repair, replacement, waterproofing |
| Facade | External walls, window frames (structural) |
| Common areas | Shared corridors, staircases (if applicable) |
| Age-related deterioration | Any repair needed due to normal ageing of the building |
| Force majeure | Storm damage, flooding, subsidence |
What the commercial tenant pays (by default)
| Category | Examples |
|---|---|
| Interior maintenance | Painting, wallpaper, floor maintenance |
| Minor repairs | Door handles, locks, light fittings |
| Shop fit-out | Shelving, signage, display units |
| Equipment | HVAC maintenance, kitchen equipment |
| Cleaning | Regular cleaning of premises and windows |
The tenant should document the condition of the premises at the start of the lease with a detailed inventory of fixtures. This protects against disputes about who caused damage at the end of the lease.
Contractual freedom in commercial leases
Unlike residential leases, commercial leases allow significant derogation from the default rules:
Common contractual arrangements:
- “Triple net” lease: the tenant pays for all maintenance, repairs and insurance
- “Double net” lease: the tenant pays for maintenance and insurance; landlord pays structural
- “Gross” lease: the landlord covers most expenses (included in the rent)
- Custom split: specific allocation of responsibilities listed in the lease
Limits to contractual freedom:
- The landlord cannot transfer responsibility for works caused by age (vetuste) or force majeure to the tenant
- The landlord must ensure the property remains fit for the agreed commercial use
- Clauses that make the tenant responsible for pre-existing defects are null
BailBelgique includes a configurable works distribution section in its commercial lease template, with clear descriptions of each party’s obligations.
Regional specifics
The distribution of works in a commercial lease is governed by federal law (Civil Code and the Act of 30 April 1951 on commercial leases). The rules apply uniformly across all three regions.
Local building regulations may impose specific maintenance or safety obligations (fire safety, accessibility) that could affect the distribution of works between landlord and tenant.
Belgian Civil Code, Art. 1719-1720 (landlord’s obligations) and Art. 1754-1756 (tenant repairs) + Act of 30 April 1951 on commercial leases.