Non-recoverable charges in Belgium: complete list
Which charges the landlord cannot recover from the tenant in Belgium: complete list, examples, and how to avoid mistakes.
List of non-recoverable charges
| Charge | Recoverable | Reason |
|---|---|---|
| Property tax | No | Owner’s tax |
| Building fire insurance | No | Owner’s obligation |
| Major repairs (roof, facade) | No | Article 1720 of the Civil Code |
| Co-ownership reserve fund | No | Investment, not usage charge |
| Building manager fees (owner’s share) | No | Co-ownership management |
| Landlord’s management fees | No | Landlord’s choice |
| Second home tax | No | Municipal tax on the owner |
| Renovation / improvement | No | Added value for the owner |
| Vacancy insurance | No | Owner’s risk |
| Legal costs | No (except judgement) | Borne by the losing party |
Conversely, see the list of recoverable charges to know what may be invoiced to the tenant.
Common landlord mistakes
Co-ownership charges: the trap
Co-ownership statements mix current charges (recoverable) with reserve fund/major repair charges (non-recoverable). The landlord must sort them.
| Co-ownership item | Recoverable |
|---|---|
| Common area electricity | Yes |
| Common area cleaning | Yes |
| Lift (maintenance) | Yes |
| Building insurance | No |
| Reserve fund | No |
| Collective boiler replacement | No |
| Building manager fees (shared portion) | Yes (partially) |
Property tax
Even if the lease states “payable by the tenant”, this clause is void for primary residence leases. Property tax always remains the owner’s responsibility.
Tenant’s remedies
If non-recoverable charges appear in the annual statement:
| Step | Action |
|---|---|
| 1 | Report the error in writing to the landlord |
| 2 | Request a refund of amounts wrongly charged |
| 3 | If refused: formal notice |
| 4 | If still refused: justice of the peace |
[!warn] Warning The tenant cannot unilaterally deduct disputed charges from the rent. The tenant must continue to pay normally and claim a refund through legal channels.
Follow the rules on charges
The landlord must know the distinction between recoverable and non-recoverable charges to avoid disputes. A rental management software automates the sorting and calculation of charges.
Create your lease online with charges conditions that comply with the law.
Frequently asked questions
-
Non-recoverable charges include: property tax, building fire insurance, major repairs, co-ownership reserve fund, property manager fees (owner's share), second home tax, and landlord's management costs.
-
No, the property tax is the owner's charge. Even if a lease clause charges it to the tenant, this clause is void for primary residence leases. The landlord cannot pass on this tax.
-
The tenant can challenge the charges in the annual statement and request a refund of amounts wrongly charged. If refused, the justice of the peace can order the refund with interest.