The shared housing agreement: definition and purpose
A shared housing agreement is a contract between co-tenants that organises shared living. It is separate from the lease signed with the landlord. While not legally mandatory, it is strongly recommended to prevent conflicts and clarify each co-tenant’s rights and obligations.
The shared housing agreement — also known as a colocation pact or internal co-tenancy rules — serves three functions:
- Organise cohabitation: house rules, use of shared spaces, schedules, pets
- Distribute costs: each co-tenant’s share of rent, charges and the rental deposit
- Plan for departures: notice between co-tenants, obligation to find a replacement, treatment of the deposit
This document is not subject to any particular formalism. It can be freely drafted by the co-tenants without involving a notary or lawyer.
Recommended content of the agreement
A comprehensive shared housing agreement should contain: identification of co-tenants, distribution of rent and charges, cohabitation rules, departure procedure, replacement arrangements, and management of the rental deposit.
The most important clauses to include:
| Clause | Purpose |
|---|---|
| Rent distribution | Each co-tenant’s share (equal or proportional to surface area) |
| Charges distribution | Electricity, water, internet, common charges |
| House rules | Noise, cleaning, guests, pets, common areas |
| Departure procedure | Notice between co-tenants (usually 2 to 3 months) |
| Replacement | Obligation to propose a replacement, acceptance criteria |
| Rental deposit | Each co-tenant’s share, recovery arrangements |
| Inventory | List of shared furniture and attribution |
| Dispute resolution | Mediation, majority vote, arbitration |
The agreement cannot override mandatory lease rules or contain clauses contrary to public policy. For example, it cannot exclude joint liability towards the landlord if such liability is stipulated in the lease.
Difference between the agreement and the shared lease
The shared housing agreement and the lease are two complementary but legally independent documents:
- The lease binds the co-tenants to the landlord. It sets the rent, duration, and obligations towards the landlord. It must be registered with the FPS Finance
- The agreement binds the co-tenants to each other. It governs daily life and internal relations. It does not need to be registered
The landlord is not a party to the agreement. They can neither impose it nor rely on it. However, the agreement has real legal force between the co-tenants: in the event of a dispute, the justice of the peace can rely on its clauses to rule.
It is recommended to sign the agreement at the same time as the lease, with all co-tenants present. Each co-tenant keeps an original copy.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 governs shared housing in Brussels and requires the lease to state each co-tenant’s share. The shared housing agreement remains optional but recommended as a complement to the lease.
Walloon Region
The decree of 15 March 2018 provides a specific framework for shared housing in Wallonia. The decree does not make the agreement mandatory but encourages its drafting. The lease must mention the respective shares.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 expressly recognises the “samenlevingsovereenkomst” (shared housing agreement) and encourages its drafting. Article 51 details the recommended content: cost distribution, house rules, departure procedure.
General law of obligations (Civil Code, art. 1103-1104). Brussels ordinance of 27/07/2017, Walloon decree of 15/03/2018, Flemish Housing Rental Decree of 09/11/2018.