Co-ownership works: who pays, owner or tenant?
Co-ownership works: who pays, owner or tenant?
Allocation of works costs
In Belgian co-ownership, the allocation of works costs follows a clear logic: works in common areas are borne by the co-owners; tenant repairs in private areas are borne by the tenant.
Common areas (landlord)
| Works | Borne by |
|---|---|
| Roof (repair, renovation) | Co-owners (shares) |
| Facade (rendering, insulation) | Co-owners |
| Lift (replacement, modernisation) | Co-owners |
| Common pipes | Co-owners |
| Entrance hall, stairs | Co-owners |
| Parking (slab, waterproofing) | Co-owners |
Private areas (landlord/tenant split)
| Works | Landlord | Tenant |
|---|---|---|
| Boiler replacement | Yes | No |
| Annual boiler servicing | No | Yes |
| Window replacement | Yes | No |
| Lock repair | No | Yes |
| Repainting (normal wear) | Yes | No |
| Holes in walls (not wear) | No | Yes |
For the general framework, see our guide on co-ownership and renting.
Decision and vote on works
Majorities required at the general assembly
| Type of works | Majority required |
|---|---|
| Current common area maintenance | Absolute majority (50% + 1) |
| Improvement works | Qualified majority (2/3) |
| Works affecting shares | Qualified majority (4/5) |
| Demolition/reconstruction | Qualified majority (4/5) |
| Urgent works | Building manager decision (without GA) |
Funding
Works may be financed by:
- The reserve fund (planned major repairs)
- An exceptional special levy (unforeseen works)
- A collective loan (major projects)
The building manager may order urgent works without waiting for the general assembly (water leak, safety risk). The building manager must inform the co-owners and ratify the decision at the next GA.
Impact on the tenant
Obligation to tolerate works
The tenant must tolerate works in common areas, even if they cause temporary disturbance. The tenant cannot oppose them if the decision was voted at the general assembly.
Rent reduction
If works cause a significant disturbance of enjoyment:
| Disturbance | Tenant’s remedy |
|---|---|
| Excessive noise for several weeks | Negotiated rent reduction |
| Restricted access to the property | Rent reduction or temporary rehousing |
| Scaffolding blocking light | Temporary rent reduction |
| Extended water/electricity cut | Rent reduction, potentially damages |
Informing the tenant
The landlord must inform the tenant of planned works: nature, estimated duration, impact on enjoyment. This information must be given within a reasonable time before the works begin.
Practical advice
For the landlord
- Attend GAs to anticipate the works voted
- Inform the tenant of planned works and their duration
- Negotiate a temporary rent reduction if the disturbance is significant
- Do not recharge common area works in the charges
For the tenant
- Document the disturbances (photos, nuisance log)
- Request written compensation in case of significant disturbance
- Report problems to the landlord in writing (not directly to the building manager)
- Keep evidence for any potential claim
Formalise your rights and obligations in the lease. Track works and communications with a rental management software.