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 co-owned buildings, particularly regarding the relationship between co-owner landlords and tenants.
Every co-owned building has two fundamental documents: the deed of division (describing common and private parts) and the co-ownership regulations (setting 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 can prohibit the rental of a private unit. This provision is a matter of public policy.
The distinction between general common charges and usage charges is essential. Usage charges (cleaning, common area lighting, lift maintenance, collective heating) can be passed on to the tenant. Charges for 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 the owner’s obligation 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.
The tenant of a unit in co-ownership has specific rights but also obligations. They must comply with the internal rules of procedure (IRP) governing the use of common areas. The landlord is required to communicate this document and inform them of any amendments.
The tenant has no voting rights at the co-owners’ general assembly. However, they may be affected by decisions made, particularly regarding works or changes to the rules for using common areas.
Good to know — In case of nuisance caused by a tenant, the syndic may address the co-owner landlord directly, who is responsible for their tenant’s behaviour with regard to the co-ownership.
Works in co-ownership are decided at the general assembly according to variable majority rules: simple majority (50%+1) for routine maintenance, two-thirds majority for improvement works, and four-fifths majority for amendments to the deed of division.
The cost of renovation works can never be passed on to the tenant — this is a capital expenditure borne by the owner. However, if the works generate significant energy improvements, the owner could justify a rent revision.
Note — In the Walloon Region and Brussels, renovation grants exist for co-ownerships. The amount can reach up to 70% of the work costs for energy renovations.