The tenant maintains, the landlord repairs
The tenant pays for routine maintenance repairs: joints, taps, locks, switches, siphons. The landlord pays for major repairs: roof, boiler, facade, main pipes, compliance. The principle: the tenant maintains, the landlord repairs and replaces.
Article 1754 of the Civil Code defines rental repairs as those “customarily charged to the tenant”. The Law of 20 February 1991 specifies that the landlord must deliver the property in good condition and maintain it throughout the lease. Major repairs are always the landlord’s responsibility.
Detailed repair allocation
Tenant’s responsibility
| Element | Examples |
|---|---|
| Plumbing | Tap joints, siphon, shower head |
| Electrical | Switches, sockets, bulbs, fuses |
| Locks | Lubrication, key replacement |
| Painting | Minor touch-ups, filling plug holes |
| Heating | Annual boiler service, radiator bleeding |
| Garden | Mowing, hedge trimming, weeding |
| Floors | Cleaning, minor tile repairs |
Landlord’s responsibility
| Element | Examples |
|---|---|
| Roof | Tile repair, gutters, waterproofing |
| Facade | Cracks, joints, insulation |
| Boiler | Replacement if worn out |
| Electrical | Compliance, distribution board |
| Plumbing | Main pipes, water heater |
| Windows/doors | Replacement if worn (age) |
The BailBelgique lease includes a detailed repair allocation clause compliant with current legislation, preventing ambiguities and conflicts.
In case of disagreement
If landlord and tenant disagree on who should pay:
- Check the lease: some leases include a detailed allocation
- Refer to the legal list: article 1754 of the Civil Code
- Get a professional opinion: a tradesperson can identify the cause (age vs misuse)
- Conciliation at the justice of the peace (free)
- Legal action if conciliation fails
The general principle is clear: what wears out through normal use (age) is the landlord’s responsibility. What requires regular maintenance or is damaged by the tenant is the tenant’s responsibility.
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 reinforces the landlord’s obligations with additional habitability standards.
Wallonia
The Decree of 15 March 2018 imposes specific habitability standards. Repairs needed to meet these standards are always the landlord’s responsibility.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 confirms the distinction between tenant and landlord repairs, aligned with the Civil Code.
Articles 1754 and 1755 of the Civil Code (tenant repairs). Articles 1719 and 1720 of the Civil Code (landlord obligations). Law of 20 February 1991.