In Belgium, the tenant is presumed liable for damage caused to the rented property during the lease term, in accordance with Article 1732 of the Civil Code. This presumption of liability makes fire insurance virtually essential, even though it is not legally mandatory in all cases.

In practice, nearly all Belgian residential leases contain a clause requiring the tenant to take out insurance covering at minimum their tenant liability (TL). The landlord may require proof of this insurance before handing over the keys.

Good to know — The landlord also has an interest in taking out non-occupant owner insurance (NOO), which covers risks not covered by the tenant’s insurance: construction defects, maintenance defects in 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 incidents for which the tenant is not liable.

The main types of rental insurance in Belgium are:

  • Tenant fire insurance: covers TL (damage to the rented property), rental risks (fire, explosion, water damage) and often the tenant’s furniture and personal belongings.
  • Non-occupant owner insurance (NOO): protects the landlord against claims not covered by the tenant’s policy and vacancy periods.
  • Unpaid rent insurance: guarantees the landlord receives rent payments in case of tenant default (usually after a waiting period of 2-3 months).

Key figure — The average cost of tenant fire insurance for an 80 sqm apartment in Belgium is approximately EUR 200 to 280 per year. NOO insurance for the landlord costs on average EUR 100 to 200 per year.

Commonly subscribed additional coverage includes theft, glass breakage, legal protection for 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 NOO insurance covering vacancy periods between tenants.
  • Verify that the tenant’s insurance covers a sufficient amount relative to the reconstruction value of the property.

For tenants, best practices include:

  • Comparing quotes from several insurers (30 to 50% difference between quotes for equivalent coverage).
  • Ensuring that coverage includes neighbours’ recourse (damage caused 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 report the damage to their insurer as soon as possible (usually within 8 working days) and immediately notify the landlord. Any delay in reporting may result in a reduction in compensation.