Commercial lease in Belgium: complete guide
The commercial lease in Belgium: Act of 30 April 1951, 9-year duration, right of renewal, eviction indemnity, assignment and subletting. Guide for merchants and landlords.
Legal framework of commercial leases in Belgium
The commercial lease is governed by the Act of 30 April 1951 on commercial leases. Unlike the residential lease, which has been regionalised since 2014, the commercial lease remains a federal matter applicable in all three Regions.
This law protects the commercial tenant by guaranteeing a minimum duration and a right to renewal. It applies to leases for premises primarily used for retail trade or artisanal activity with direct contact with the public.
Not covered: liberal professions (doctors, lawyers), offices without public reception, warehouses. These leases follow ordinary lease law (ordinary law lease).
Since 2016 in Flanders and 2019 in Brussels, a specific regime allows pop-up leases (temporary shops) with a maximum duration of 1 year, without right to renewal or eviction compensation.
Duration and renewal
Minimum duration: 9 years
The commercial lease cannot be concluded for less than 9 years. If the parties agree on a shorter duration, the lease is automatically reclassified as a 9-year lease.
Right to renewal
The tenant has the right to 3 successive renewals of 9 years each:
| Period | Duration | Action |
|---|---|---|
| Initial lease | 9 years | Signing the lease |
| 1st renewal | 9 years (total: 18 years) | Tenant’s request |
| 2nd renewal | 9 years (total: 27 years) | Tenant’s request |
| 3rd renewal | 9 years (total: 36 years) | Tenant’s request |
| Beyond | No automatic right | Free negotiation |
Renewal procedure
The renewal request must be sent by registered letter between the 18th and 15th month before the lease expires. The landlord has 3 months to respond. No response is deemed acceptance.
To send the renewal request on time, use our online registered letter service.
Rent and revision
Setting the rent
Rent is freely agreed between the parties at the time of signing. There is no indicative scale for commercial leases (unlike residential leases in Brussels).
Indexation
Rent indexation is possible if the lease provides for it (unlike residential leases where it is automatic). The applicable index is the consumer price index (not the health index used for residential leases).
Triennial revision
At each triennial deadline (3, 6, 9 years…), either party may request a rent revision before the Justice of the Peace if circumstances have changed substantially. The judge sets the new rent based on market rental value.
Eviction and compensation
Grounds for refusal of renewal
The landlord may refuse renewal for:
- Personal occupation: they want to run a business in the property themselves
- Conversion or demolition: works making occupation impossible
- Serious fault by the tenant: non-payment, damage, unauthorised subletting
- Higher offer from a third party (the tenant has a right of first refusal)
Eviction compensation
If the refusal is not justified by a legal ground, the landlord must pay eviction compensation:
| Situation | Compensation |
|---|---|
| Refusal without grounds | 3 years’ rent |
| Personal occupation not carried out | 3 years’ rent + damages |
| Works not carried out within 2 years | 3 years’ rent |
The compensation may be adjusted by the judge based on the actual loss suffered by the tenant (loss of clientele, unamortised investments).
Practical advice
For the commercial tenant
- Note the renewal deadlines (18 months before the end of the lease) in your diary
- Document your investments in the premises (works, fittings) to justify potential compensation
- Negotiate the clauses on assignment and subletting from the outset
For the landlord
- Plan the grounds for refusal in advance if you intend to recover the property
- Respect the response deadlines (3 months) to avoid tacit acceptance
- Check the destination of the property: the tenant cannot change activity without consent
To create a lease compliant with the 1951 Act, use our online lease generator (commercial lease section). For more information, consult our guide on residential leases in Belgium.