Urgent works: no refusal. Comfort works: tenant can refuse.
The tenant cannot refuse works that are urgent or necessary for the property’s conservation (roof repair, water leak, compliance, structural repair). The tenant can refuse non-essential comfort or improvement works (kitchen upgrade, cosmetic renovation). If works last more than 40 days, the tenant can request a rent reduction proportional to the loss of enjoyment.
Article 1724 of the Civil Code governs this distinction:
- Urgent repairs cannot be postponed without risk of damage — the tenant must tolerate them
- Improvement works do not address an immediate problem — the tenant can refuse
- The tenant retains the right to compensation if works cause significant disruption
The 40-day rule
If works last more than 40 days, additional rights kick in:
| Duration | Tenant’s rights |
|---|---|
| Less than 40 days | Must tolerate; no rent reduction |
| More than 40 days | Can request proportional rent reduction |
| Property becomes uninhabitable | Can request lease termination |
The rent reduction is proportional to the portion of the property that becomes unusable. For example, if works render 30% of the property unusable for 2 months, the tenant can claim a 30% rent reduction for those 2 months.
If you are affected by extended works, document the disruption (photos, timeline, affected areas) and send a registered letter to the landlord requesting a rent reduction. If the landlord refuses, bring the case to the justice of the peace.
Tenant’s rights during works
During authorised works, the tenant has the right to:
- Advance notice of the works schedule and duration
- Minimal disruption to daily life
- Temporary arrangements if essential services are affected (water, electricity, heating)
- Rent reduction if works last more than 40 days
- Lease termination if the property becomes completely uninhabitable
- Compensation for damage to personal belongings caused by the works
The landlord must coordinate works at reasonable times and minimise their impact on the tenant’s daily life.
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 does not modify the general rules on works. The 40-day threshold applies.
Wallonia
The Decree of 15 March 2018 applies the same framework.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 confirms the distinction between urgent and improvement works.
Civil Code, article 1724 (tenant’s obligation to tolerate urgent repairs). Civil Code, article 1724, paragraph 2 (40-day rule and rent reduction).