How to report a claim
The claim must be reported within 8 working days to your insurer. The tenant reports to their tenant’s liability insurance, the landlord to their owner’s/non-occupant insurance. Both reports are independent. In the case of water damage, the claim must also be reported to the building insurance (via the syndic).
| Step | Tenant | Landlord |
|---|---|---|
| 1. Immediate action | Limit damage, secure the property | Inform insurer |
| 2. Notification | Inform landlord in writing | Acknowledge receipt |
| 3. Insurance report | File with tenant’s insurance | File with owner’s insurance |
| 4. Documentation | Photos, written description | Expert assessment if needed |
Allocation of liability
The allocation of repair costs depends on the cause:
- Tenant’s fault (e.g. overflowing bath, cigarette fire): tenant’s insurance covers the damage
- Landlord’s fault (e.g. leaking roof, faulty plumbing): landlord’s insurance covers the damage
- Force majeure (e.g. storm, flood): each party’s insurance covers their own losses
- Third party (e.g. neighbour’s water leak): the third party’s insurance is liable
A burst pipe in the wall causes water damage to the tenant’s furniture and the floor. The landlord’s insurance covers the structural repair (pipe + floor). The tenant’s insurance covers the damaged furniture. If the pipe was poorly maintained, the landlord bears full liability.
Required documents
To file a claim, gather the following documents:
- Completed claim form from your insurer
- Photos and videos of the damage (before any cleanup)
- Written description of the circumstances
- Copy of the lease agreement
- Inventory of damaged items with estimated values
- Repair quotes (at least 2 if possible)
- Police report (in case of break-in or vandalism)
Failure to report within the contractual deadline may result in the insurer refusing coverage. Always check your policy for the exact reporting deadline.
Take photos immediately after discovering the damage, before any cleanup or temporary repairs. This documentation is essential for the claims process.
Regional specifics
Brussels-Capital Region
No specific regional rules on insurance claims. The federal Insurance Act of 4 April 2014 applies. Brussels has a dedicated housing inspection service that can be contacted for habitability issues.
Walloon Region
The Walloon housing code may impose additional obligations for landlords regarding habitability standards. Serious damage that renders the property uninhabitable may justify a property tax reduction.
Flemish Region
The Flemish housing quality standards (Vlaamse Wooncode) may be relevant. Serious damage affecting habitability should be reported to the Flemish housing inspector (Wooninspectie).
Insurance Act of 4 April 2014, Articles 1732 to 1735 Civil Code (tenant’s liability) — Texts on Justel