Co-ownership in Belgium is governed by articles 3.78 to 3.100 of the new Civil Code, in force since 1 September 2021. This reform modernised the rules applicable to apartment buildings, particularly regarding the relationship between owner-landlords and tenants.
Every co-owned building has two fundamental documents: the base deed (describing common and private parts) and the co-ownership regulations (setting out the rules of conduct). The tenant is required to comply with the co-ownership regulations, which must be communicated by the landlord at the time of signing the lease.
Important — Since 2010, no clause in the co-ownership regulations may prohibit the letting of a private lot. This provision is a matter of public policy.
Articles in this chapter
- Base deed and regulations — Fundamental co-ownership documents · 7 min
- 2021 reform — New Civil Code changes · 6 min
- Landlord obligations — What the owner must communicate · 5 min
The distinction between general common charges and usage charges is essential. Usage charges (cleaning, lighting of common areas, lift maintenance, collective heating) may be passed on to the tenant. Charges related to the reserve fund or major works remain the responsibility of the co-owner.
The reserve fund, mandatory since the 2018 reform, must be funded at a minimum of 5% of ordinary common charges. This fund is an obligation of the owner and cannot be claimed from the tenant.
Key figure — On average, co-ownership charges in Belgium amount to EUR 100-200 per month for a standard apartment, of which approximately 60% can be passed on to the tenant.
Articles in this chapter
- Recoverable charges — Detailed list with examples · 8 min
- Reserve fund — Obligations and calculation · 5 min
- Charges settlement — Provisions vs actual charges · 6 min
The tenant of a co-owned lot has specific rights but also obligations. They must comply with the internal rules of procedure which govern the use of common areas. The owner-landlord is required to communicate this document and inform them of any changes.
The tenant has no voting rights at the co-owners’ general assembly. However, they may be affected by decisions taken, particularly regarding works or changes to the rules governing the use of common areas.
Good to know — In the event of nuisance caused by a tenant, the building manager may contact the owner-landlord directly, who is responsible for their tenant’s behaviour with respect to the co-ownership.
Articles in this chapter
- Internal rules of procedure — Content and enforceability · 5 min
- Neighbour disputes — Mediation and remedies · 6 min
- Tourist rentals — Airbnb and co-ownership in Belgium · 7 min
Works in co-ownership are decided at the general assembly according to majority rules that vary: simple majority (50%+1) for routine maintenance, two-thirds majority for improvement works, and four-fifths majority for amendments to the base deed.
The cost of renovation works may never be passed on to the tenant — these are capital expenditures borne by the owner. However, if the works result in a significant energy improvement, the owner may justify a rent review.
Note — In the Walloon Region and Brussels, renovation grants are available for co-owned buildings. The amount can reach up to 70% of work costs for energy renovations.
Articles in this chapter
- Required majorities — Voting rules by type of decision · 6 min
- Energy renovation — Grants and obligations · 7 min
- Building manager and works — Role of the building manager · 5 min