Managing a rental property in a co-ownership in Belgium
How to manage a rented property within a co-ownership in Belgium. Charges, regulations, building manager, works voted at general assembly and tenant's rights.
The landlord’s dual role
Marie owns an apartment in a 12-unit co-ownership in Uccle. She rents the property to a couple with a 3-6-9 lease. Two problems arise simultaneously:
- The building manager writes to her: the neighbours complain about noise and failure to sort waste properly by her tenant
- The general assembly votes for facade works: 8,000 EUR per unit, payable over 24 months
Marie is torn between her two roles: co-owner (she must comply with the regulations and pay for the works) and landlord (she must protect her tenant’s enjoyment).
For the general rules of the lease in co-ownership, see our dedicated guide.
Allocation of co-ownership charges
| Type of charge | Borne by | Examples |
|---|---|---|
| Ordinary charges | Tenant | Cleaning, lighting, lift, garden maintenance |
| Extraordinary charges | Landlord | Facade, roof, lift (replacement), reserve fund |
| Works voted at the general assembly | Landlord | Renovation, compliance upgrade, improvements |
The lease must specify how the charges are passed on to the tenant:
- Provisions: the tenant pays a monthly amount with annual settlement
- Flat rate: fixed amount without settlement (risk for either party)
For details, see our guide on service charges.
Facade works are extraordinary charges: entirely borne by the landlord. Marie cannot pass this cost on to the tenant, even partially. This is a landlord’s investment that adds value to the property.
Managing tenant nuisance
The landlord is the building manager’s contact
The building manager cannot contact the tenant directly regarding breaches of the regulations. The chain is: neighbour -> building manager -> landlord -> tenant.
Recommended procedure
- Receive the complaint from the building manager (in writing)
- Contact the tenant to inform them of the complaints and remind them of the rules
- If the nuisance persists: written formal notice by registered letter with a reminder of the co-ownership regulations
- If no improvement: referral to the justice of the peace (the landlord can invoke non-compliance with the lease)
Landlord’s liability
If the landlord does not respond to complaints, the co-ownership can:
- Hold them liable for the disturbances caused by their tenant
- Impose an internal fine (if the regulations provide for it)
- Refer to the justice of the peace against the landlord
This is why it is essential to provide the tenant with extracts from the regulations before signing the lease.
Co-ownership works and the tenant
The tenant must tolerate the works
Works voted at the general assembly are enforceable against the tenant. The tenant must:
- Allow access to workers if necessary
- Tolerate temporary nuisance (noise, dust, scaffolding)
- Not oppose the works
Limits of tolerance
If the works render the dwelling temporarily uninhabitable (no water, no electricity, or impossible access), the tenant can request:
- A rent reduction proportional to the loss of enjoyment
- Temporary rehousing at the landlord’s expense (if uninhabitability exceeds 15 days)
- Lease suspension for the duration of the works (extreme case)
Advice for the landlord
- Inform the tenant of voted works as soon as possible
- Negotiate a schedule with the building manager to minimise the impact
- Offer a temporary rent reduction if the nuisance is significant
- Document everything: general assembly decisions, letters to the tenant, photos
A rental management software centralises co-ownership documents with the lease and facilitates tracking. To create a lease with co-ownership clauses, use our online lease generator. For other specific cases, see our case studies.