In Belgium

Extinctive prescription (prescription extinctive / bevrijdende verjaring) is the legal mechanism by which a right to bring a court action is extinguished after a specified period. Under the new Belgian Civil Code (Book 1, Title 8), the general prescription period is 10 years for personal claims, but shorter periods apply in specific contexts.

Key periods in rental law:

  • Rent arrears: 5 years (Article 2277 of the former Civil Code)
  • Charges and utilities: 5 years
  • Property damage claims (contractual): 10 years
  • Property damage claims (tort): 5 years from knowledge of the damage
  • Deposit return claims: 10 years

How it works

Starting point. The prescription period begins on the day the right can be exercised. For rent arrears, each monthly instalment has its own starting date.

Interruption. The prescription clock resets to zero when:

  • A court action is filed
  • A formal acknowledgement of debt is made by the debtor
  • A payment order is served by a bailiff

Suspension. The clock pauses (but does not reset) in certain circumstances, such as during conciliation proceedings.

Invocation. The debtor must actively invoke prescription as a defence. The judge cannot apply it of their own motion.

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Warning
A simple registered letter or formal notice does NOT interrupt prescription under Belgian law (unlike in some neighbouring countries). Only a court filing, a bailiff’s act or a debtor’s acknowledgement interrupts the period. Landlords must act promptly to preserve their claims.

Practical example

A landlord discovers in 2026 that a former tenant caused structural damage to the property in 2018. The tenant left in 2019. The landlord has until 2029 (10 years from the damage) to file a contractual claim. However, if the landlord only discovers the damage in 2026 and it qualifies as a tort claim, the 5-year period starts from the date of discovery — giving them until 2031. The landlord should file without delay to avoid any ambiguity.