Adversarial inventory: what does it mean?
Adversarial inventory: what does it mean?
What does “adversarial” mean in Belgian rental law?
The term adversarial refers to a fundamental principle of law: an act is adversarial when it is carried out in the presence of both parties concerned, each having the opportunity to make their observations. Applied to the property inventory, this means that the document must be drawn up jointly by the landlord and the tenant.
In Belgium, the legislation on main-residence leases (Brussels ordinance, Walloon decree, Flemish Housing Rent Decree) expressly requires that the property inventory be adversarial. This is not a mere formality: it is a condition for the document’s validity.
A non-adversarial property inventory — for example drafted by the landlord alone and sent to the tenant — does not have the same evidentiary value before the Justice of the Peace.
The legal framework by Region
| Region | Reference text | Requirement |
|---|---|---|
| Brussels | Ordinance of 27 July 2017, art. 220 | Adversarial, written, costs shared |
| Wallonia | Decree of 15 March 2018, art. 55 | Adversarial, written, costs shared |
| Flanders | Flemish Housing Rent Decree, art. 9 | Adversarial, written, costs shared |
In all three Regions, the property inventory must be carried out:
- Before the handover of keys (move-in) or within the first month of occupation
- In the presence of both parties or their representatives
- In writing, with a room-by-room description
- With shared costs (50/50) unless agreed otherwise
The adversarial requirement applies equally to the move-in inventory and the move-out inventory.
Consequences of the absence of an adversarial inventory
If no adversarial property inventory has been drawn up, article 1731 of the Civil Code creates a presumption: the tenant is presumed to have received the dwelling in good condition. At move-out, they will have to prove that the damage already existed at move-in — proof that is often difficult to provide.
Without an adversarial property inventory, the landlord can claim restoration for damage that existed before the tenant moved in. The burden of proof then falls on the tenant, which strongly disadvantages them.
This situation directly affects the rental deposit: without a reference inventory, the release of the deposit can be blocked for months in case of disagreement.
What to do if a party refuses the adversarial inventory?
The landlord refuses
- Send a formal notice by registered letter reminding them of the legal obligation
- If the refusal persists, apply to the Justice of the Peace for the area of the property
- The judge may appoint a court expert at the defaulting party’s expense
The tenant refuses
The landlord has the same remedies. In practice, a tenant who refuses the inventory takes a considerable risk: they will be presumed responsible for all damage recorded at move-out.
Recourse to an expert
If the parties cannot agree on the content of the property inventory, they may call upon an approved expert (surveyor-expert, architect). The expert’s fees are shared between both parties.
Best practices for a successful adversarial inventory
- Set the date in advance — allow at least 1 hour for a standard apartment
- Walk through each room together — the landlord and tenant examine each element at the same time
- Note both parties’ observations — each may add remarks in the document
- Sign both copies — one for each party, with the same date
- Supplement with dated photos annexed to the document
To generate a lease including the adversarial inventory clause compliant with your Region, use our online lease creation tool. Also see our guides on photos in the property inventory and normal wear and tear.