Fire insurance for tenants: mandatory or not in Belgium?
Is fire insurance truly mandatory for tenants in Belgium? Legal analysis Region by Region, consequences of refusal and special cases.
Legal analysis: obligation or recommendation?
The short answer is: fire insurance is not legally mandatory for the tenant in Belgium. No federal or regional law directly imposes it. But in practice, it is contractually mandatory in more than 95% of leases.
The legal basis is twofold:
-
Article 1733 of the Civil Code: the tenant is presumed responsible for fire damage, unless they prove an external cause. This presumption makes insurance virtually indispensable.
-
Lease clause: the standard lease used in Belgium (in both Wallonia and Brussels) systematically includes a fire insurance clause at the tenant’s expense.
For details on coverage, consult our guide on mandatory fire insurance.
Differences between the three Regions
Brussels-Capital
The Brussels standard lease (annexed to the ordinance of 27 July 2017) provides a standard clause requiring fire insurance from the tenant. The tenant must provide the certificate to the landlord on request.
Wallonia
The Walloon decree of 15 March 2018 does not directly impose insurance, but the Walloon standard lease contains the obligation clause. The rental permit additionally requires the property to be insurable.
Flanders
The Vlaams Woninghuurdecreet (2019) is the most flexible: it does not mention an insurance obligation and the Flemish standard lease does not contain a standard clause. It is up to the landlord to add this clause if they wish.
| Region | Legal obligation | Standard lease with clause | Common practice |
|---|---|---|---|
| Brussels | No | Yes | 98% of leases |
| Wallonia | No | Yes | 95% of leases |
| Flanders | No | No (but possible) | 80% of leases |
Special cases
Student accommodation
The obligation is identical to that of a standard lease. Often, the parents’ home insurance covers the student room as a “secondary residence”. Check the family policy conditions before subscribing separately.
Co-tenancy
In co-tenancy, a single policy covering all flatmates is sufficient, or each flatmate subscribes individually. Consult our guide on home insurance in co-tenancy.
Furnished rental
For a furnished rental, the insurance must also cover the furniture made available. Check that the policy covers the contents at replacement value.
Consequences of refusal
If the tenant refuses to insure
- The landlord sends a formal notice by registered letter
- If the tenant persists, the landlord may refer the matter to the Justice of the Peace
- The judge may order the tenant to subscribe or, in case of refusal, terminate the lease
- In the event of a fire without insurance, the tenant is personally liable for all damage (potentially hundreds of thousands of euros)
If a fire occurs without insurance
- The tenant is presumed responsible (Article 1733 of the Civil Code)
- They must compensate the landlord for property damage out of pocket
- They must compensate neighbours for damage caused (civil liability)
- The financial amounts can be devastating (EUR 50,000 to EUR 500,000+)
To avoid these risks, subscribe to fire insurance before signing the lease. To create a compliant lease, use our online lease generator. For more information, consult our guide on tenant home insurance.