Property inventory with photos: is it enough?
Property inventory with photos: is it enough?
What legal value do photos have in a property inventory?
In Belgium, the property inventory is an essential document that describes the condition of the dwelling at the tenant’s move-in and move-out. Many landlords and tenants wonder whether photos alone are sufficient to constitute this document.
The answer is clear: photos do not replace a written property inventory. The Belgian Civil Code and Justice of the Peace case law require a detailed descriptive document, signed by both parties or established by an expert. Photos only constitute supplementary evidence.
That said, photos do have real value in case of dispute. A justice of the peace will take them into account if they are dated, identifiable (address, room concerned) and consistent with the written description.
The limits of photos as sole evidence
What photos do not show
A photo captures only one moment and one angle. It cannot:
- Describe the functional condition of equipment (tap, heating, appliance)
- Indicate the exact nature of a defect (damp stain vs. simple dirt)
- Prove the state of water, gas or electricity meters
- Attest to the absence of damage in an area not photographed
The position of case law
In case of dispute before the Justice of the Peace, an inventory reduced to photos is generally considered insufficient. The judge will always favour a written adversarial document, i.e. signed by both parties.
| Type of evidence | Accepted by the judge | Evidentiary value |
|---|---|---|
| Written inventory + signed | Yes | Strong |
| Dated photos + written inventory | Yes | Very strong |
| Photos only (without written document) | Partially | Weak |
| Oral testimony | Partially | Very weak |
How to take useful photos
For your photos to have maximum evidentiary value, follow these rules:
- Photograph each room from at least two angles (overview + details)
- Capture defects in close-up with a reference object (coin, measuring tape)
- Enable the timestamp on your device or phone
- Include an identifiable element (door number, address plate) in at least one photo
- Never retouch the photos — any modification makes them contestable
Send the photos by email to both parties on the same day as the inventory. The sending date serves as proof and reinforces the evidential value.
To easily manage your inventories and associated photos, a rental management software centralises all documents in one place.
Photo + written: the winning combination
The best approach is to combine a detailed written property inventory with photos as annexes. The written document provides the legal framework and precise description, while the photos provide irrefutable visual evidence.
When drafting your lease, include a clause stating that the property inventory will be supplemented by an annexed photographic report. This reinforces the value of the whole.
For more on the notion of adversarial property inventory and on managing pre-existing damage, see our dedicated guides.