Co-ownership charges are split
Co-ownership charges are split by nature: the tenant pays day-to-day charges (cleaning, lift, lighting, gardening) and the landlord pays structural charges (major repairs, reserve fund, building insurance). The exact allocation should be specified in the lease.
General allocation:
| Charge type | Who pays | Examples |
|---|---|---|
| Day-to-day common charges | Tenant | Cleaning, lift, lighting, gardening |
| Structural / exceptional | Landlord | Major repairs, facade, roof |
| Reserve fund contributions | Landlord | Long-term savings for major works |
| Building insurance | Landlord | Co-ownership insurance policy |
| Individual consumption | Tenant | Water, heating (if metered) |
Detailed charge allocation
The lease should specify: the monthly provision amount for charges, the list of charges transferred to the tenant, the annual settlement procedure, and the distinction between recoverable and non-recoverable charges.
Charges typically passed to the tenant:
- Common area cleaning and maintenance
- Lift maintenance and electricity
- Common area lighting
- Gardening and snow removal
- Concierge or janitor costs
- Common heating system (fuel/gas for central heating)
- Water (if not individually metered)
Charges remaining with the landlord:
- Reserve fund contributions
- Major repairs (roof, facade, structural works)
- Building insurance premium
- Syndic (property manager) fees
- Capital expenditure approved by general assembly
If the lease does not specify the charge allocation, disputes will arise. Always include a detailed charges annex in the lease listing which charges are recoverable from the tenant and which remain with the landlord.
Provisions and annual settlement
The typical system:
- Monthly provision: the tenant pays a fixed monthly amount as an advance on charges
- Annual co-ownership accounts: the syndic issues annual accounts showing actual charges
- Settlement: the landlord compares actual recoverable charges with provisions paid
- Adjustment: the tenant receives a refund (if provisions exceeded actual charges) or pays the difference
The landlord must provide the tenant with a detailed annual charges statement, showing the actual costs and the calculation. The tenant has the right to inspect the underlying documents (invoices, co-ownership accounts).
If the monthly provision is significantly lower than actual charges, the landlord should adjust it to avoid large year-end adjustments.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 contains specific provisions on charge allocation in rented properties. The Brussels model lease includes a charges annex.
Walloon Region
The decree of 15 March 2018 defines the allocation of charges between landlord and tenant. The Walloon standard lease includes charge provisions.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 specifies which charges (kosten en lasten) can be passed to the tenant. A detailed list is provided in the decree’s implementation provisions.
Regional tenancy legislation (charge allocation). Co-ownership law (Civil Code, Book III, Title III bis). Syndic accounting obligations.