Registering a business at a residential address

Quick answer

Yes, it is possible to register a company’s registered office at a rented residential address. However: the lease must not prohibit professional activity, the activity must cause no nuisance, and urban planning rules must allow it. A purely administrative registration (no client reception, no signage) is generally accepted.

Key distinctions:

Type of activityGenerally permitted?Notes
Administrative registration onlyYesNo visible change to property
Home office (freelance, telework)UsuallyMinimal impact
Client reception at homeDependsMay change property use
Workshop or productionRarelyNuisance and zoning issues
Retail from homeNoRequires commercial premises

Conditions to meet

Essential conditions

To register a business at your rented address: 1) check that the lease does not prohibit professional activity, 2) ensure the activity causes no nuisance, 3) verify urban planning regulations, 4) inform the landlord, and 5) comply with any co-ownership rules.

Detailed conditions:

  • Lease provisions: check for clauses on professional use. A clause limiting the property to residential use may prevent business registration
  • No change of use: the property must remain primarily residential. A home office is fine; converting a living room into a shop is not
  • No nuisance: noise, client traffic, deliveries, signage must not disturb neighbours
  • Urban planning: residential zoning may restrict certain commercial activities. Check with the municipal urban planning department
  • Co-ownership: building rules may restrict professional activities. Check the co-ownership regulations
Warning

If the property is used partly for professional purposes, this may affect the landlord’s tax treatment. Renting to a tenant who uses the property professionally means the landlord is taxed on the actual rent for the professional portion.

Tax implications

Registering a business at a residential address can have tax consequences:

  • For the tenant: a portion of the rent may be deductible as a business expense
  • For the landlord: if the lease mentions professional use, the landlord may be taxed on the actual rent (not just the cadastral income) for the professional portion
  • Mixed use: the lease should specify the percentage of professional vs residential use to determine the correct tax treatment

It is advisable to include a clear clause in the lease specifying whether professional activity is permitted and, if so, what percentage of the property can be used professionally. This protects both landlord and tenant.

Regional specificities

Brussels-Capital Region

The Brussels urban planning code (CoBAT) defines land use zones. Residential zones generally permit limited home office activities but restrict client-facing businesses. The ordinance of 27 July 2017 governs the tenancy aspects.

Walloon Region

The Walloon urban planning code (CoDT) applies zoning rules. Home-based professional activity is generally permitted in residential zones provided it remains ancillary to the residential use.

Flemish Region

The Flemish planning code regulates land use. Home-based professional activity (thuiswerk / vrij beroep aan huis) is generally accepted in residential zones subject to conditions on scale and nuisance.