Immediate steps to take
In case of water damage: 1) stop the source (shut off water valve), 2) secure the area (electricity risk), 3) notify the landlord immediately, 4) document everything with photos, 5) file an insurance claim within the required timeframe. Speed is essential to limit damage.
Emergency action plan:
- Stop the water: locate and close the main water valve or the specific tap causing the leak
- Electrical safety: if water is near electrical outlets or appliances, switch off the circuit breaker
- Protect belongings: move furniture and valuables away from the water
- Contain the water: use towels, buckets, mops to limit spread
- Call the landlord: immediately by phone, then confirm in writing (email or registered letter)
- Document: take dated photos and videos of all damage before cleaning up
- Call insurance: notify your contents insurance provider within the policy deadline (usually 48-72 hours)
Insurance claims
Notify your insurance within the policy deadline (usually 48-72 hours). Provide: policy number, date and time of the incident, description of the cause, list of damaged items with estimated values, photos and videos, and any witness statements.
Which insurance covers what:
| Damage type | Insurance responsible |
|---|---|
| Tenant’s personal belongings | Tenant’s contents insurance |
| Damage to the building (tenant’s fault) | Tenant’s liability insurance |
| Damage to the building (structural) | Landlord’s building insurance |
| Damage to neighbour below | Tenant’s or landlord’s insurance |
| Damage from neighbour above | Neighbour’s insurance |
Do not dispose of damaged items before the insurance assessor has inspected them. Keep all items, even if unusable, as evidence. The assessor will determine the replacement value.
Who pays for repairs?
The cost allocation depends on the cause of the water damage:
- Structural cause (burst pipe in the wall, roof leak, faulty plumbing): landlord’s responsibility — these are major repairs under Article 1720 of the Civil Code
- Tenant’s negligence (left tap running, failed to report a small leak, washing machine hose): tenant’s responsibility
- Third-party cause (neighbour’s leak, external flooding): respective insurance covers the damage
- Force majeure (natural disaster, unprecedented flooding): building insurance, with possible government assistance
If the cause is disputed, an independent expert can be appointed (jointly or by court order) to determine responsibility.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 places structural maintenance on the landlord. Brussels has specific provisions for apartment buildings where water damage often affects multiple units.
Walloon Region
The decree of 15 March 2018 follows the same principles. The Walloon Region may provide emergency assistance in case of natural disasters (floods).
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 allocates major repairs to the landlord. The Flemish Region has a disaster fund for exceptional flooding events.
Article 1720 of the Belgian Civil Code (landlord’s major repairs). Article 1732 (tenant’s liability). Insurance Contract Law of 4 April 2014. Regional tenancy legislation.