The tenant can request, but not impose
The tenant can request insulation works from the landlord, especially if the property fails to meet minimum energy standards. The landlord must comply with regional EPC requirements (progressively tightening). If the property is below minimum standards, the tenant can bring the case before the justice of the peace to compel the landlord to act.
The landlord is legally obligated to deliver and maintain the property in a condition that meets minimum habitability and energy standards. As regional EPC requirements become stricter, more properties will need insulation upgrades.
EPC requirements by region
| Region | Current minimum | Future targets |
|---|---|---|
| Brussels | EPC certificate required | Renovation obligation being discussed |
| Wallonia | EPC certificate required | Progressive tightening planned |
| Flanders | EPC label E (rental) | EPC D by 2030, C by 2035, B by 2040 |
Flanders has the most ambitious roadmap, requiring progressive energy upgrades for all rental properties. Landlords who fail to comply face potential fines and rental restrictions.
In Flanders, rental properties must reach EPC label D by 2030. Properties with label E or worse may need significant insulation investment. Start planning now to spread the cost over time.
Legal remedies for the tenant
If the property falls below minimum standards:
- Request works in writing (registered letter to the landlord)
- Contact the regional inspection (Wonen Vlaanderen, DIRL Brussels, municipal service Wallonia)
- File a claim with the justice of the peace if the landlord refuses
- The judge can order works under penalty, rent reduction, or lease termination
The tenant cannot carry out insulation works themselves without the landlord’s written consent. Unauthorised modifications to the property structure are at the tenant’s risk and expense.
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 requires an EPC certificate for all rental properties. Brussels is studying a mandatory renovation obligation but has not yet implemented one.
Wallonia
The Decree of 15 March 2018 requires an EPC certificate. Wallonia is progressively tightening energy standards for rental properties.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 introduces the most stringent requirements: EPC label E minimum for rentals now, with a roadmap to label D by 2030 and label B by 2040.
Civil Code, articles 1719-1720 (landlord’s maintenance obligation). Regional EPC legislation. Flemish Energy Decree (EPC renovation obligation).