Modifying inventory after the legal deadline
Modifying inventory after the legal deadline
Legal deadlines by region
In Belgium, the deadlines for completing or modifying a move-in property inventory vary by region.
Applicable deadlines
| Region | Deadline to report a defect | Legal basis |
|---|---|---|
| Brussels | 1 month after move-in | Brussels Housing Code |
| Wallonia | 1 month after move-in | Walloon lease decree |
| Flanders | Per the lease (generally 1 month) | Flemish Housing Rent Decree |
Why this deadline exists
Some defects are only visible after a few days of occupation: damp problems, defective heating, non-functional electrical sockets. The one-month period allows the tenant to report these problems.
For the general framework, see our guide on the property inventory.
Modification within the legal deadline
Procedure
- Identify the defect and document it (dated photos, video)
- Draft a registered letter to the landlord
- Describe the defect precisely (location, nature, impact)
- Request an addendum to the property inventory
- The landlord has 15 days to respond
Content of the letter
| Element | Mandatory |
|---|---|
| Date of discovery | Yes |
| Precise description of the defect | Yes |
| Dated photos annexed | Recommended |
| Reference to move-in inventory | Yes |
| Request for addendum | Yes |
| Desired response deadline | Recommended |
If agreed
Both parties sign an addendum to the property inventory, which supplements the original document. This addendum has the same legal value as the original inventory.
If refused
If the landlord refuses, the tenant may apply to the justice of the peace to have the defect recorded. It is recommended to engage an independent expert.
Modification after the legal deadline
By mutual agreement
Even after the one-month period, both parties may agree to modify the inventory via a signed addendum. This amicable route is always possible.
Without agreement: limited options
| Situation | Available recourse |
|---|---|
| Hidden defect discovered late | Action under hidden defect warranty |
| Manifest error in the document | Request for rectification to the judge |
| Structural defect (serious damp) | Action against the landlord |
| Bad faith by the landlord | Liability action |
After the legal deadline, the burden of proof falls on the tenant. They will need to demonstrate that the defect existed before their move-in and that they could not have identified it sooner. An expert report is virtually indispensable.
Limitation
Legal action must be brought within a reasonable time. For hidden defects, the limitation period is 1 year from discovery of the defect. For lease-related actions, the limitation is 1 year after the end of the lease.
Practical advice
For the tenant
- Inspect the property thoroughly from the very first days
- Test all equipment (heating, hot water, sockets, shutters)
- Photograph any defect discovered with the date visible
- Send the registered letter as quickly as possible
- Do not sign the move-in inventory under pressure
For the landlord
- Respond within 15 days to any modification request
- Accept justified corrections (they protect you too)
- Draft a detailed inventory from the outset with our lease generator
- Use a wear and tear scale to objectify wear
Centralise your inventories and correspondence with a rental management software.