Co-ownership and renting: rules
Co-ownership and renting: rules
Legal framework for renting in a co-ownership
Renting a property in a co-ownership in Belgium means juggling two legal frameworks: tenancy law and co-ownership law.
The parties involved
| Party | Role |
|---|---|
| Landlord-owner | Co-owner and landlord of the unit |
| Tenant | Occupant of the unit, bound by the lease |
| Building manager | Manager of the co-ownership |
| General assembly | Decision-making body |
Legal interactions
The tenant has no contractual relationship with the co-ownership. All communications go through the landlord. The building manager cannot act directly against the tenant but must address the co-owner.
To create a lease adapted to co-ownership, use our lease generator.
Landlord’s obligations
Towards the tenant
- Transmit the rules of use: the rules for common areas (not the entire deed of division)
- Guarantee peaceful enjoyment: including common areas
- Inform of general assembly decisions: works, rule changes, charges changes
- Invoice correctly: only recoverable charges
Towards the co-ownership
- Pay charges: shares, reserve fund, special levies
- Enforce the regulations: intervene if the tenant breaches the rules
- Inform the building manager: provide the tenant’s contact details
- Attend general assemblies: vote, including on matters affecting the tenant
Towards other co-owners
The landlord is liable for the actions of their tenant. If the tenant causes nuisances, it is the landlord who is held accountable.
Allocation of charges
Recoverable charges (tenant)
| Item | Example |
|---|---|
| Collective heating | Consumption, boiler maintenance |
| Shared water | Consumption |
| Common area electricity | Corridor lighting, parking |
| Cleaning | Corridors, stairs, lobby |
| Lift | Maintenance, electricity |
| Garden | Green space maintenance |
Non-recoverable charges (landlord)
| Item | Example |
|---|---|
| Building manager fees | Current management |
| Reserve fund | Mandatory since 2019 |
| Major repairs | Roof, facade, structure |
| Building insurance | Annual premium |
| Property tax | Annual tax |
Under an on-account charges system, the landlord must provide a detailed annual statement to the tenant, distinguishing recoverable and non-recoverable charges, with supporting documents.
Day-to-day management
Before letting the property
- Check that the co-ownership regulations allow letting
- Inform the building manager of your intention to let
- Prepare an extract of the rules of use for the tenant
- Include the co-ownership clauses in the lease
During the lease
- Transmit relevant general assembly minutes to the tenant
- Respond to building manager complaints about the tenant
- Adjust on-account payments after each building manager statement
- Represent the tenant’s interests at the general assembly
Tools
Centralise your documents, charges and communications with a rental management software for rigorous tracking. See also our guides on parking and works in co-ownership.