Cellars and attics in co-ownership: tenant rights
Cellars and attics in co-ownership: tenant rights
Legal status of cellars and attics
In Belgian co-ownership, cellars and attics may be either private areas or common areas. This distinction is fundamental to the tenant’s rights.
Private area vs common area
| Status | Definition | Consequence for the tenant |
|---|---|---|
| Private area | Attached to a unit (mentioned in the deed of division) | Included in the rental if provided for in the lease |
| Common area | Belongs to all co-owners | Use according to co-ownership regulations |
| Common area with exclusive use | Assigned to a unit but remains common | According to the lease and regulations |
Verifying the status
The status of cellars and attics is defined in the deed of division of the co-ownership. The landlord must check this document before mentioning a cellar or attic in the lease.
For the general framework, see our guide on co-ownership and renting.
Rules of use
What is allowed
- Storage of personal items (boxes, furniture, bicycles)
- Storage of leisure equipment
- Installation of shelves (without structural modification)
What is prohibited
| Prohibited | Reason |
|---|---|
| Flammable products (petrol, paint) | Fire safety |
| Toxic products | Occupant health |
| Perishable goods | Hygiene, pests |
| Waste | Hygiene |
| Habitation | Not in line with intended use |
| Commercial activity | Unless co-ownership agrees |
Co-ownership regulations
The co-ownership regulations may provide additional rules: access hours, padlock requirement, prohibition on modifying partitions.
Remember to include the cellar and attic in the inventory of fixtures at move-in and move-out. Photograph the condition of the walls, floor and installations (electricity, lighting).
Maintenance and charges
Allocation of responsibilities
| Item | Private area | Common area |
|---|---|---|
| Interior cleaning | Tenant | Common charges |
| Access corridor lighting | Common charges | Common charges |
| Door/lock repair | Landlord | Building manager |
| Water damage | Owner’s insurance | Co-ownership insurance |
| Structural damp | Landlord | Building manager |
Recoverable charges from the tenant
Cleaning and lighting costs for common areas (cellar access corridors) are recoverable charges. Current maintenance of the private cellar (cleaning, tidying) is the tenant’s responsibility.
Practical advice
For the landlord
- Check the status of the cellar/attic in the deed of division
- Clearly mention the cellar in the lease and its floor area
- Include the cellar in the inventory of fixtures
- Transmit the rules of use to the tenant
For the tenant
- Confirm cellar access before signing
- Photograph the condition of the cellar at move-in
- Comply with the storage rules in the regulations
- Report any water ingress or damp to the landlord
For parking in co-ownership, similar rules apply. Manage your documents with a rental management software.