In Belgium

Civil liability (responsabilite civile / burgerlijke aansprakelijkheid) in the rental context covers two distinct situations:

Tenant’s liability. Under Belgian law, the tenant is presumed liable for fire damage to the rented property (article 1733 of the Civil Code). This presumption can only be overturned by proving the fire originated from an external cause, a force majeure, or a building defect. Additionally, the tenant is liable for water damage they cause to neighbours (e.g. an overflowing bathtub).

Landlord’s liability. The landlord is liable for damage caused by defects in the building (article 1721 of the Civil Code). If a rotten balcony railing injures a passerby, the landlord bears the liability.

How it works

Insurance coverage. Both the tenant’s fire insurance and the landlord’s home insurance include civil liability components. The tenant’s policy covers their rental liability + third-party liability. The landlord’s policy covers building defect liability.

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Good to know
The tenant’s presumption of liability for fire is one of the strongest in Belgian law. Without fire insurance, the tenant must personally compensate the landlord for the full value of fire damage to the property — potentially hundreds of thousands of euros.

Practical example

A washing machine hose bursts in Pierre’s apartment, flooding the apartment below. Pierre’s civil liability (covered by his fire insurance) compensates the downstairs neighbour for 8,000 EUR in damage. Without insurance, Pierre would personally owe this amount.