The shared housing agreement has real legal force
Yes. The shared housing agreement is a standard contract under general law within the meaning of Article 1103 of the Civil Code. It is legally binding between the co-tenants, but it is not enforceable against the landlord. In the event of a dispute, the justice of the peace can rely on its clauses to settle a disagreement between co-tenants.
The shared housing agreement is not governed by any specific Belgian legislation. Its legal force rests on general contract law:
- Article 1103 of the Civil Code: lawfully formed contracts are binding on the parties
- Article 1104: contracts must be negotiated, formed and performed in good faith
- Freedom of contract: co-tenants may include any lawful clause
| Aspect | Scope |
|---|---|
| Between co-tenants | Full binding force |
| Towards the landlord | No enforceability |
| Towards third parties | No effect |
| In court | Admissible as evidence |
What the agreement can validly cover
A comprehensive shared housing agreement should contain at minimum: distribution of rent and charges between co-tenants, cohabitation rules (noise, cleaning, shared spaces), departure procedure, and replacement arrangements.
The most common clauses and their legal force:
- Rent distribution: each co-tenant knows their share. In case of non-payment, other co-tenants can take action based on the agreement to claim the unpaid share
- House rules: schedules, cleaning, use of common areas. These rules are enforceable between signatories
- Departure procedure: notice between co-tenants, obligation to find a replacement, possible compensation
- Deposit allocation: who pays what and how to recover one’s share upon departure
The agreement cannot contain clauses contrary to public policy or override mandatory lease rules. For example, an agreement cannot require a co-tenant to stay beyond the lease term or exempt a co-tenant from their joint liability towards the landlord.
Shared housing agreement and lease: two separate documents
The shared housing agreement and the shared lease are two legally independent documents:
| Criterion | Shared lease | Shared housing agreement |
|---|---|---|
| Parties | Co-tenants + landlord | Co-tenants between themselves |
| Subject | Rental of the property | Shared living |
| Legislation | Tenancy law | General contract law |
| Registration | Mandatory with FPS Finance | Not required |
| Enforceability | Landlord + co-tenants | Co-tenants only |
The landlord is not a party to the agreement. If a co-tenant does not respect the agreement (for example, does not do their share of cleaning), the other co-tenants cannot ask the landlord to intervene. They must take action directly against the defaulting co-tenant.
However, the agreement can include useful internal mechanisms: mediation between co-tenants, prior formal notice, lump-sum compensation in case of departure without notice.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 specifically governs shared housing in Brussels. The Brussels shared lease must mention each co-tenant’s share. The shared housing agreement remains a complementary, non-mandatory document but is strongly recommended.
Walloon Region
The decree of 15 March 2018 provides a shared housing regime with a single lease. The agreement is not imposed by the decree, but nothing prevents co-tenants from drafting one. Its legal force remains based on general contract law.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 expressly recognises the shared housing agreement (“samenlevingsovereenkomst”). Article 51 encourages its drafting and specifies the minimum recommended content.
Articles 1103 and 1104 of the Belgian Civil Code — General law of obligations. Brussels ordinance of 27/07/2017, Walloon decree of 15/03/2018, Flemish Housing Rental Decree of 09/11/2018.