Recoverable co-ownership charges from tenant
Recoverable co-ownership charges from tenant
Principle of co-ownership charges allocation
In Belgium, co-ownership charges are split between the landlord and the tenant according to a simple principle: charges linked to current use are recoverable; charges linked to ownership and investment are not.
Legal basis
The Belgian Civil Code (art. 1719 et seq.) requires the landlord to deliver the property in good condition and to carry out major repairs. The tenant covers current maintenance and tenant repairs.
Invoicing methods
| Method | How it works |
|---|---|
| On-account (actual charges) | Tenant pays monthly advances, regularised annually |
| Flat fee | A fixed amount included in the lease, with no regularisation |
The on-account system with annual statement is the most common and the fairest. For the general framework, see our guide on co-ownership and renting.
Recoverable charges from the tenant
Heating and water
| Item | Recoverable |
|---|---|
| Collective heating (consumption) | Yes |
| Collective boiler maintenance | Yes |
| Shared cold water | Yes |
| Shared hot water | Yes |
Common areas
| Item | Recoverable |
|---|---|
| Common area electricity (lighting) | Yes |
| Corridor and stairway cleaning | Yes |
| Lift maintenance | Yes |
| Garden maintenance | Yes |
| Pool/communal room maintenance | Yes |
| Waste (bins, containers) | Yes |
Services
| Item | Recoverable |
|---|---|
| Caretaker (maintenance) | Yes |
| Intercom/video entry (operation) | Yes |
| Fire extinguishers (inspection) | Yes |
Non-recoverable charges (landlord)
| Item | Borne by the landlord |
|---|---|
| Building manager fees | Yes |
| Reserve fund | Yes |
| Working capital fund (investment share) | Yes |
| Building insurance | Yes |
| Property tax | Yes |
| Major repairs (roof, facade, structure) | Yes |
| Lift replacement | Yes |
| Collective boiler replacement | Yes |
| Compliance upgrade (fire, EPC) | Yes |
| Co-ownership legal costs | Yes |
The reserve fund has been mandatory since 2019 in Belgium. It is intended for major repairs and is never recoverable from the tenant. The same applies to exceptional special levies.
Statement and disputes
Landlord’s obligations
- Provide a detailed annual charges statement
- Attach supporting documents (building manager statements)
- Clearly distinguish recoverable and non-recoverable charges
- Regularise on-account payments (overpayment or supplement)
Tenant’s rights
- Require a breakdown of charges (not a lump sum)
- Request supporting documents
- Challenge non-recoverable charges that have been invoiced
- Apply to the justice of the peace in case of persistent disagreement
Best practices
Formalise charges in your lease: invoicing method, statement frequency, list of recoverable charges. Use a rental management software to automate tracking and statements.