Fire in a rented dwelling: responsibilities and procedure
A fire occurs in your rented dwelling in Belgium. Who is liable? Tenant's presumption of fault, role of insurance, procedure and rehousing.
Fire in a rental: Karim’s situation
A fire broke out in the kitchen of Karim’s studio in Charleroi. The fire brigade determined that the cause was a short circuit in the electrical installation, dating from 1985 and not compliant with current standards.
The kitchen is destroyed, the living room damaged by smoke and extinguishing water. The dwelling is temporarily uninhabitable.
The central question: who pays? The tenant (presumed liable) or the landlord (outdated electrical installation)?
The tenant’s fire insurance and the landlord’s insurance will each play a role.
Article 1733 of the Civil Code presumes the tenant liable for fire damage. It is up to the tenant to prove they are not at fault (building defect, landlord’s failure to maintain, fortuitous event).
Who is responsible?
The legal presumption
Under Belgian law, the tenant is presumed liable for damage caused by fire (article 1733 of the Civil Code). This presumption means that, unless proven otherwise, the tenant’s insurance covers the damage to the building.
Exonerating causes
The tenant can escape the presumption if they prove:
| Cause | Example | Proof |
|---|---|---|
| Building defect | Outdated electrical installation, wiring fault | Fire brigade expert report |
| Landlord’s failure to maintain | Unswept chimney, unmaintained boiler | Absence of maintenance certificate |
| Fortuitous event | Lightning, natural disaster | Weather report |
| Third-party act | Arson, spread from a neighbour | Police report |
In Karim’s case, the fire brigade report mentions a short circuit in a non-compliant installation. This is a building defect attributable to the landlord. Karim can therefore be exonerated from the presumption.
Role of insurance
- Tenant’s insurance: covers building damage (if the tenant is liable) + contents + third-party liability
- Landlord’s insurance (PNO): covers building damage if the tenant is exonerated + building defect
- Both insurers appoint an expert to establish liabilities
For the complete claims procedure, see our dedicated guide.
Procedure to follow
Immediately (day of the fire)
- Evacuate and call emergency services (112)
- Secure the premises after the fire brigade’s intervention
- Document: photos, videos before any cleaning
- Do not discard anything: debris is evidence for the expert
Within 48 hours
- Report the claim to your insurer (both tenant AND landlord)
- Notify the landlord in writing
- File a complaint if the fire is suspicious (police station)
- Request the fire brigade report (essential for the expertise)
In the following weeks
- Receive the expert appointed by the insurer
- Provide the documents: lease, insurance certificate, inventory of damaged items
- If exonerated: assert the building defect using the fire brigade report
After the fire
Uninhabitable dwelling
If the dwelling is uninhabitable:
- The lease is suspended (not terminated)
- The tenant does not pay rent during the suspension
- Insurance can cover temporary rehousing (30-180 days)
- Restoration works are borne by the landlord (structure) or the tenant’s insurance (if liable)
Partially damaged dwelling
If the dwelling remains habitable:
- The lease continues
- The tenant can request a rent reduction proportional to the loss of enjoyment
- Urgent works are the landlord’s responsibility
Lease termination
If the damage is such that the dwelling cannot be restored within a reasonable period, both parties can request lease termination before the justice of the peace. The tenant is not required to pay rent during the period of uninhabitability.
To manage the relationship with your insurer and your landlord, document everything. A rental management software centralises exchanges and documents. For other situations, see our case studies or create a new lease via our online generator.