Rented dwelling not meeting standards in Belgium
Your rented dwelling does not meet safety or habitability standards in Belgium. Tenant's remedies, landlord's liability and procedure.
Aisha’s situation
Aisha rents an apartment in Molenbeek with her two children. Since moving in 8 months ago, she has noticed:
- Persistent moisture in the children’s bedroom (mould on the walls)
- No ventilation in the bathroom (no grille or mechanical ventilation)
- Non-compliant electrical installation (ungrounded sockets, outdated fuse box)
She has reported these problems to the landlord three times by email. The landlord responds that it is “normal for an old building” and that the moisture is caused by the tenant (poor ventilation habits).
Article 1719 of the Civil Code obliges the landlord to deliver a dwelling in good condition. A dwelling with structural moisture, without ventilation and with a non-compliant electrical installation does not meet this obligation.
Applicable standards
Brussels-Capital (Aisha’s case)
The Brussels Housing Code sets minimum standards:
| Criterion | Standard | Aisha’s situation |
|---|---|---|
| Electricity | RGIE compliant | Not compliant |
| Ventilation | Functional system | Absent |
| Moisture | No infiltration or excessive condensation | Not met |
| Smoke detectors | At least 1 per floor | To verify |
| EPC | Valid certificate | To verify |
Wallonia
The Walloon Sustainable Housing Code provides similar standards. The letting permit is mandatory for small dwellings.
Flanders
The Vlaamse Wooncode sets quality standards. A compliance certificate can be requested.
For details on the landlord’s information obligations, see our guide.
Tenant’s recourse
Step 1: Written report
Send a registered letter to the landlord detailing:
- The problems observed (with dated photos)
- References to the applicable regional standards
- A reasonable deadline to remedy them (1 to 3 months)
Step 2: Complaint to the housing department
If the landlord does not respond, file a complaint with the regional housing department:
- Brussels: Bruxelles Logement (Regional Housing Inspection Directorate)
- Wallonia: Service public de Wallonie — Logement
- Flanders: Vlaamse Wooninspectie
The inspector visits the dwelling and drafts a report. If the dwelling is declared non-compliant, the landlord receives an order to bring it into compliance within a deadline.
Step 3: Justice of the peace
The tenant can refer to the justice of the peace to request:
- Execution of the works (with a penalty payment if necessary)
- A rent reduction proportional to the loss of enjoyment
- Damages (medical costs if the moisture has caused health problems)
- Lease termination at the landlord’s fault
Step 4: Mayor’s intervention (emergency)
In case of serious and immediate danger (risk of collapse, CO poisoning, electrical hazard), the mayor can:
- Order the evacuation of the dwelling
- Prohibit letting
- Impose emergency works
Complete procedure and timelines
| Step | Timeline | Cost |
|---|---|---|
| Written report to the landlord | 1-3 months (granted deadline) | Registered letter (~5 EUR) |
| Complaint to the housing department | 2-6 weeks (inspection) | Free |
| Referral to the justice of the peace | 2-4 months (procedure) | ~40 EUR (application) |
| Enforcement of the ruling | 1-3 months | Variable |
Advice for the tenant
- Document everything: photos, emails, registered letters, medical certificates if applicable
- Do not leave without a court decision (you lose your rights)
- Continue to pay the rent (non-payment weakens your position)
- Keep the evidence of your reports (email timestamps)
For the landlord
A non-compliant dwelling is a ticking time bomb: fines, rent reduction, lease termination, damages. It is always cheaper to bring into compliance than to suffer the consequences.
To create a compliant lease with mandatory annexes, use our online lease generator. To check your property’s compliance, see our guide on mandatory diagnostics. For other cases, see our case studies.