In Belgium, the tenant is presumed liable for damage caused to the rented property during the lease term, pursuant to Article 1732 of the Civil Code. This presumption of liability makes fire insurance virtually indispensable, even if it is not legally mandatory in all cases.
In practice, the vast majority of Belgian residential leases contain a clause requiring the tenant to take out insurance covering at least tenant civil liability. The landlord may require proof of this insurance before handing over the keys.
Good to know — The landlord should also consider taking out a non-occupant owner insurance (assurance PNO), which covers risks not addressed by the tenant’s insurance: construction defects, poor maintenance of common areas, building civil liability.
On the landlord’s side, building fire insurance is strongly recommended, particularly to cover risks related to the property’s structure, common areas (in co-ownership) and claims whose origin is not attributable to the tenant.
The main types of insurance in Belgian rentals are:
- Tenant fire insurance: covers tenant liability (damage to the rented property), rental risks (fire, explosion, water damage) and often the tenant’s household contents.
- Non-occupant owner insurance (PNO): protects the landlord against claims not covered by the tenant and periods of vacancy.
- Unpaid rent insurance: guarantees the landlord rent payments in case of tenant default (generally after a waiting period of 2-3 months).
Key figure — The average cost of tenant fire insurance for an 80 m² apartment in Belgium is approximately €200 to €280 per year. Non-occupant owner insurance for the landlord costs an average of €100 to €200 per year.
Frequently subscribed additional guarantees include theft, glass breakage, legal protection in case of rental disputes and assistance (temporary rehousing in case of a claim rendering the property uninhabitable).
For landlords, it is recommended to:
- Require an insurance certificate from the tenant before signing the lease and at each annual renewal.
- Take out non-occupant owner insurance covering vacancy periods between tenants.
- Verify that the tenant’s insurance covers a sufficient amount, in line with the reconstruction value of the property.
For tenants, best practices include:
- Comparing quotes from several insurers (differences of 30 to 50% between quotes for equivalent coverage).
- Ensuring that the coverage includes neighbour recourse (damage to neighbouring properties during a claim).
- Accurately declaring the habitable surface area and contents to avoid under-insurance in case of a claim.
Warning — In case of a claim, the tenant must notify their insurer within the shortest possible timeframe (generally 8 working days) and immediately inform the landlord. Any delay in notification may result in a reduction of the compensation.