In Belgium

The lease is governed by Book III, Title VIII of the Belgian Civil Code. Since the sixth state reform, rental law competences have been transferred to the Regions: Flanders adopted the Vlaams Woninghuurdecreet (2019), Wallonia the housing decree (2018), and Brussels the housing ordinance (2018).

This regionalised framework means that the rules vary depending on where the property is located. A landlord who owns properties in multiple Regions must know the specificities of each.

Belgian law distinguishes several types of leases:

  • Primary residence lease: legal duration of 9 years, with the option of early termination under certain conditions. This is the most protective regime for the tenant.
  • Short-term lease: maximum 3 years, limited renewal.
  • Commercial lease: minimum duration of 9 years, right of renewal.
  • Student lease: maximum one year, linked to the academic cycle.
  • Furnished lease: specific regime depending on the Region.

The fundamental principle remains the same everywhere: a written lease protects both parties.

How it works

The formation of the lease is based on the agreement between landlord and tenant on two essential elements: the rented property and the rent. Once this agreement exists, the contract is legally formed, even verbally.

A written lease must contain at minimum:

  • Full identity of the parties (landlord and tenant)
  • Precise description of the rented property (address, surface area, number of rooms)
  • Amount of rent and charges
  • Duration of the lease and start date
  • Registration arrangements

Certain annexes are mandatory and must be attached to the lease:

  • The entry inventory of fixtures, established jointly or by an expert
  • The EPC certificate (Energy Performance Certificate)
  • The co-ownership regulations if the property is in a co-ownership

Registration must be carried out within two months of signing. For primary residence leases, it is free and can be done online via MyMinfin.

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Good to know
Since 2007, the registration of primary residence leases is entirely free in Belgium. The landlord can complete this formality online on MyMinfin in just a few minutes.

Practical example

Sophie and Thomas, a young couple in Brussels, find a two-bedroom apartment in Ixelles. The owner, Marc, proposes a 9-year primary residence lease.

Before signing, Marc prepares the contract with the mandatory details: identity of the parties, description of the property (75 m2 apartment, second floor, two bedrooms), rent set at 950 euros per month plus 120 euros in charges.

On the day of signing, both parties carry out a detailed entry inventory, room by room, with photos. Marc also provides the EPC certificate (label C) and an extract from the co-ownership regulations.

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Practical advice
Always keep an original copy of the signed lease, the inventory of fixtures and proof of registration. These documents will be essential in case of a dispute.

Key considerations

Unregistered lease. If the landlord fails to register within the two-month deadline, the tenant gains enhanced protection: they can terminate the lease at any time, without notice and without compensation.

Verbal lease. A verbally concluded lease is legally valid in Belgium. However, without a written document, proving the agreed conditions becomes extremely difficult.

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Warning
The rules vary by Region. In Flanders, the Woninghuurdecreet imposes additional obligations (such as a housing conformity certificate). In Wallonia, the housing decree provides specific provisions on charges. Always check the applicable legislation based on the property’s location.

Regional differences to remember:

  • Brussels: the housing ordinance requires a standard form and the mandatory mention of the indicative rent grid.
  • Flanders: the Woninghuurdecreet requires a housing conformity certificate and strictly regulates student leases.
  • Wallonia: the housing decree introduces specific rules on co-tenancy and flat-rate charges.