Commercial property inventory: specifics
Commercial property inventory: specifics
Legal framework for commercial property inventories
In Belgium, the commercial lease is governed by the law of 30 April 1951. Unlike the main-residence lease, this legislation provides no legal obligation to draw up a move-in or move-out property inventory.
However, article 1731 of the Civil Code remains applicable: in the absence of a move-in inventory, the tenant is presumed to have received the property in good condition of tenant’s repairs. This presumption can prove very costly for the commercial tenant at the end of the lease.
For this reason, drawing up a detailed property inventory is an indispensable precaution, even though the law does not require it.
Content specific to a commercial property inventory
A commercial property inventory must go beyond a simple description of walls and ceilings. It must catalogue:
Technical installations
- Ventilation and smoke extraction system
- Electrical installations (single-phase and three-phase)
- Air conditioning or specific heating system
- Safety devices (alarm, fire extinguishers, emergency exits)
Commercial fit-out
- Shopfront and signage
- Counter, fixed furniture, integrated shelving
- Specific coverings (industrial tiles, resin flooring)
- Fit-out carried out by the previous tenant
Meters and consumption
The meter readings for water, gas and electricity are essential. See our guide on water meters and mandatory readings for best practices.
| Element | Residential lease | Commercial lease |
|---|---|---|
| Wall/floor description | Yes | Yes |
| Technical installations | Basic | Detailed |
| Specific equipment | Appliances | Commercial installations |
| Compliance standards | EPB | EPB + fire safety + FASFC (if food) |
Differences from residential leases
The main difference lies in the broader contractual freedom of commercial leases. The parties may freely agree on restoration conditions, authorised works and the allocation of inventory costs.
In commercial leases, the tenant often carries out significant fit-out works (facade transformation, professional kitchen installation, partitioning). The move-in inventory must document the initial state to clearly distinguish existing elements from additions by the tenant.
Should you use an expert?
For a commercial lease, using an expert (surveyor, architect) is strongly recommended, particularly when:
- The property has complex technical installations
- The tenant plans fit-out works
- The rent amount is high (significant financial stakes)
- The property was modified by a previous tenant
The cost of an expert ranges from EUR 300 to 1,500 depending on the size and complexity of the property.
Practical recommendations
- Include the inventory in the lease — insert a clause making it mandatory with allocation of costs
- Detail the technical installations — each piece of equipment must be identified, photographed and described
- Document existing fit-out — distinguish structural work from the tenant’s additions
- Carry it out before any taking of possession — do not hand over the keys until the document is signed
To generate a compliant commercial lease, use our online lease creation tool which includes an adapted inventory clause. Also see our guide on pre-existing damage to learn how to document them correctly.