Nuisance exceeding normal neighbourhood inconveniences, giving rise to compensation based on the disruption of balance between neighbouring properties.

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Disturbance of enjoyment

Interference with the tenant's right to peacefully enjoy the rented property, which may come from the landlord, third parties or defects in the property, giving rise to compensation.

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Quiet enjoyment

Fundamental right of the tenant to enjoy the rented property without being disturbed by the landlord or third parties, an essential obligation of the landlord.

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Easement

Charge imposed on one property (servient tenement) for the benefit of another (dominant tenement), such as a right of way or building restriction.

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Justice of the peace

The justice of the peace is the magistrate with first-instance jurisdiction for rental disputes in Belgium, settling conflicts between landlords and tenants.

Bailiff →

A bailiff is a legal officer responsible for serving court documents, enforcing court decisions and making official reports, frequently involved in rental disputes.

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Eviction order

An eviction order is a court decision ordering the tenant to vacate the premises within a specified period, enforced if necessary with law enforcement assistance.

Construction defect →

Construction fault or defect affecting the solidity or stability of a building, falling under the ten-year liability of the contractor or architect.

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Hidden defect

Defect not apparent when concluding the lease or sale, which makes the property unfit for its intended use or significantly reduces its value.

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Provisional acceptance

Act by which the client acknowledges completion of works, marking the start of the warranty period during which the contractor remains liable for defects.

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Obligation of result

Legal obligation whereby the debtor undertakes to achieve a precise and determined result, with liability incurred if the result is not achieved.

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Subrogation

Legal mechanism by which one person is substituted for another in their rights, particularly in insurance after claim settlement.

Other terms

Acquisitive prescription

Mode of acquiring ownership through continuous, peaceful and unambiguous possession of a property for a period determined by law.

Anti-discrimination law

Legislation prohibiting any discrimination in access to housing based on origin, gender, age, disability, family status or beliefs.

Belgian winter truce

The Belgian winter truce is a protection period in the Brussels Region (1 November to 15 March) during which residential evictions cannot be physically carried out.

Compensatory notice

Compensatory notice is a financial payment in lieu of serving the full notice period, equivalent to the rent for the unserved period.

Conciliation

Conciliation is an amicable dispute resolution method before the justice of the peace, aiming to reach an agreement between parties before a formal judgment.

Conciliation report

A conciliation report records the agreement reached during conciliation, having the force of an enforceable title.

Eviction

Eviction is a court procedure compelling a tenant to leave the dwelling they occupy, pronounced by the justice of the peace in case of serious breach of obligations.

Eviction compensation

Eviction compensation is a financial payment to an evicted tenant in certain cases provided by law, particularly in commercial leases.

Extinctive prescription

Extinction of a right of legal action after a period set by law has elapsed, preventing the creditor from claiming their due in court.

Formal notice

A formal notice is a letter requiring the tenant or landlord to fulfil their obligations within a specified period, a mandatory prerequisite to legal action.

Hidden defects

Plural of hidden defect. Non-visible defects of a property that may give rise to a warranty claim, contract termination or price reduction.

Insalubrity

State of a dwelling that does not meet minimum safety, health or habitability standards, potentially leading to a rental ban.

Judicial termination

Termination of the lease pronounced by the court due to serious breaches by one party, generally resulting in compensation for the injured party.

Mediation

Mediation is an amicable conflict resolution process involving a neutral third party to help parties reach an agreement.

Notice period

The notice period is the legal period that must be observed by the party wishing to terminate the lease.

Obligation of means

Legal obligation whereby the debtor undertakes to use all reasonable means to achieve a result, without guaranteeing that result.

Penalty payment

Financial penalty imposed by a judge to compel a party to fulfil an obligation, calculated per day of delay.

Registered letter

A registered letter is a postal delivery with acknowledgement of receipt, mandatory for many legal notifications in the rental context.

Release

Legal act ending a security, mortgage or seizure, releasing the property or sums that were the subject of it.

Rental permit

Mandatory administrative authorisation in certain regions for small or subdivided dwellings, certifying their compliance with health standards.

Right of access

Right of the owner to visit the rented property to check its condition, subject to giving reasonable notice and at suitable times.

Social housing

Dwelling with rent below market price, managed by a social housing company and allocated subject to income conditions.

Social housing unit

Subsidised public housing intended for low-income households, managed by regional social housing companies.

Termination

Termination is the early ending of a lease agreement, which may be amicable (by agreement), unilateral (with notice) or judicial (pronounced by a court).

Unseizability

Legal protection making certain assets or income immune from seizure by a creditor, such as the tenant's minimum subsistence income.

Urban planning

Set of rules and procedures governing spatial planning, construction and the use of real estate.

Waiting period

Period during which no benefit is due, for example the period between signing an insurance policy and the start of effective coverage.

Winter truce

The winter truce is a protection mechanism against tenant evictions during winter months, the terms of which vary by Belgian Region.

Do not confuse

Abnormal neighbourhood disturbance vs Disturbance of enjoyment

Nuisance exceeding normal neighbourhood inconveniences, giving rise to compensation based on the disruption of balance between neighbouring properties. / Interference with the tenant's right to peacefully enjoy the rented property, which may come from the landlord, third parties or defects in the property, giving rise to compensation.

Acquisitive prescription vs Extinctive prescription

Mode of acquiring ownership through continuous, peaceful and unambiguous possession of a property for a period determined by law. / Extinction of a right of legal action after a period set by law has elapsed, preventing the creditor from claiming their due in court.

Belgian winter truce vs Winter truce

The Belgian winter truce is a protection period in the Brussels Region (1 November to 15 March) during which residential evictions cannot be physically carried out. / The winter truce is a protection mechanism against tenant evictions during winter months, the terms of which vary by Belgian Region.

Did you know

This glossary contains 46 definitions

Each term is explained in the Belgian legal context, with the specificities of the 3 Regions (Brussels, Wallonia, Flanders). Definitions include practical examples and links to reference articles.

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