Pre-trial conciliation in a rental dispute in Belgium
Conciliation before the justice of the peace before trial: free procedure, process, advantages and limitations for resolving a rental dispute in Belgium.
The principle of conciliation
Conciliation is a free alternative to litigation. The justice of the peace summons both parties and tries to facilitate an agreement.
| Element | Detail |
|---|---|
| Cost | Free |
| Hearing delay | 2-4 weeks |
| Hearing duration | 15-30 minutes |
| Possible outcome | Recorded agreement (same value as a judgement) or failure |
| Mandatory | No (but recommended) |
| Representation | In person (lawyer optional) |
This is the fastest and least expensive way to resolve a rental dispute. It takes place after the formal notice and before the court summons.
How conciliation works
1. The request
Send a letter to the clerk’s office of the justice of the peace in the district where the dwelling is located. Mention:
- Your details and those of the other party
- The address of the dwelling
- The subject of the dispute (unpaid rent, repairs, property inventory)
2. The summons
The clerk’s office summons both parties by registered letter. Attendance is not mandatory but the absence of a party ends the conciliation attempt.
3. The hearing
The judge listens to both parties, asks questions and suggests possible solutions. If an agreement is reached, it is recorded in an official report that has the same value as a judgement.
4. In case of failure
If no agreement is reached, the judge drafts a report of non-conciliation. The parties can then initiate standard rental proceedings.
Advantages and limitations
| Advantage | Limitation |
|---|---|
| Free | No binding power (unless agreement is reached) |
| Fast (2-4 weeks) | The other party may not attend |
| Confidential | No judgement if it fails |
| Agreement has the value of a judgement | Does not suspend deadlines |
| Preserves the relationship | Less suitable for complex disputes |
For complex disputes (hidden defects, unsanitary housing), mediation or direct summons may be more appropriate.
When to use conciliation
Conciliation is ideal for simple disputes: rent arrears, disagreement on charges, minor repairs, release of the rental deposit. It is the first step to try before incurring costs.
Document your dispute with a rental management software and consult the rental disputes guide for all resolution options.