Parking in co-ownership: rental rules
Parking in co-ownership: rental rules
Legal status of the parking space
In Belgian co-ownership, parking spaces may have different legal statuses, with consequences for the rental.
Types of status
| Status | Description | Rental possible |
|---|---|---|
| Private unit | Numbered space in the deed of division | Yes (separate lease or included) |
| Common area with exclusive use | Assigned to a unit | Included in the rental of the unit |
| Common area | Visitor parking, unassigned zones | According to regulations |
| Outdoor space | Surface parking | According to deed of division |
Verifying the status
The status of each space is defined in the deed of division of the co-ownership. Before mentioning parking in the lease, the landlord must check this document.
For the general framework, see our guide on co-ownership and renting.
Renting the parking space
Included in the residential lease
When the parking space is rented with the apartment, it forms part of the main lease. The rent covers everything (property + parking).
Separate rental
If the landlord rents the space to a third party (not the unit tenant), a separate lease is required.
| Aspect | Parking linked to the lease | Parking rented separately |
|---|---|---|
| VAT | Exempt | 21% applicable |
| Duration | Follows the main lease | Free (often annual) |
| Termination | Follows the main lease | Independent |
| Registration | Included in the lease | Separate lease to register |
Attribution rules in co-ownership
The co-ownership regulations may provide attribution rules: prohibition on renting to non-residents, priority for co-owners, access hours.
Standalone parking rental is subject to 21% VAT. If the parking is ancillary to the residential lease (same landlord, same tenant, same building), it is VAT-exempt. This distinction is important for yield.
Charges and maintenance
Recoverable charges from the tenant
| Item | Recoverable |
|---|---|
| Parking lighting | Yes |
| Cleaning | Yes |
| Automatic gate (maintenance) | Yes |
| Ventilation (operation) | Yes |
| Fire detection (inspection) | Yes |
Non-recoverable charges
| Item | Borne by the landlord |
|---|---|
| Slab repair | Landlord |
| Waterproofing | Landlord |
| Gate replacement | Landlord |
| Floor markings | Landlord |
For details on recoverable co-ownership charges, see our dedicated guide.
In practice
Electric vehicle charging points
Installing charging points in co-ownership is a current topic. Since 2023, any co-owner may request the installation of a charging point on their private space. The general assembly can only oppose this for legitimate technical reasons.
For the landlord
- Mention the parking space in the lease (number, location)
- Include the parking in the inventory of fixtures
- Specify whether parking is included in the rent or charged separately
- Transmit the access rules to the tenant
For the tenant
- Check the parking status before signing
- Comply with the parking rules in the regulations
- Report security issues to the landlord
- Do not sublet your space without agreement
Manage your leases and charges with a rental management software. See also our guide on cellars and attics in co-ownership.