In Belgium
A penalty payment (astreinte / dwangsom) is a financial sanction imposed by a judge to compel a party to fulfil a non-monetary obligation. In rental law, it is commonly used to force a landlord to carry out repairs or a tenant to comply with a court order (e.g. granting access, ceasing a nuisance).
Legal basis. Articles 1385bis to 1385nonies of the Belgian Judicial Code govern penalty payments. Belgium also ratified the Benelux Treaty on penalty payments.
Key rule. A penalty payment cannot be imposed to enforce the payment of a sum of money. It is reserved for obligations to do or not to do something.
How it works
Request. Either party can ask the justice of the peace to attach a penalty payment to their order. For example, the judge orders repairs “within 30 days, subject to a penalty payment of 75 EUR per day of delay.”
Calculation. The penalty is typically set per day of delay but can also be per violation or per week. The judge may set a maximum cap (e.g. 75 EUR/day up to 10,000 EUR).
Accrual. The penalty begins to accrue once the deadline expires and continues until the obligation is fulfilled or the cap is reached.
Enforcement. Once accrued, penalty payments become an enforceable debt. The creditor can recover them through seizure using the judgment as an enforceable title.
Modification. The debtor can ask the court to reduce or suspend the penalty if compliance has become impossible through no fault of their own.
Practical example
A tenant reports severe dampness to the landlord for 6 months without result. The justice of the peace orders the landlord to waterproof the basement within 45 days, subject to a penalty payment of 50 EUR per day of delay, capped at 5,000 EUR. The landlord completes the works 20 days late. The tenant recovers 1,000 EUR (20 x 50 EUR) in addition to the rent reduction already granted for disturbance of enjoyment.