Landlord's pre-contractual disclosure obligations before signing the lease
What information must the landlord provide to the tenant before signing the lease in Belgium? EPC, charges, co-ownership regulations, property condition.
Legal disclosure obligations
Belgian law imposes a duty of disclosure on the landlord towards the prospective tenant, at two points:
- In the rental advertisement (minimum mandatory information)
- Before signing the lease (detailed information)
This duty arises from the obligation of pre-contractual good faith (Article 1112 of the Civil Code) and specific regional legislation.
The objective: to enable the prospective tenant to make an informed decision before committing. A landlord who conceals important information engages their liability.
| Moment | Mandatory information | Legal basis |
|---|---|---|
| Advertisement | Rent, charges, EPC, area | Regional legislation |
| Viewing | Condition of property, equipment, co-ownership | Pre-contractual good faith |
| Signing | All annexes, regulations, EPC | Regional standard lease |
Mandatory information in the advertisement
In all three Regions
The rental advertisement must mandatorily mention:
- The rent amount excluding charges
- The charge amount (lump sum or provisions)
- The EPC score of the property (class and value in kWh/m2/year)
Regional specificities
Brussels: the advertisement must also mention the reference rent (indicative scale, binding since the 2026 reform).
Wallonia: if a rental permit is required, the advertisement must mention its existence.
Flanders: the EPC score must appear in every advertisement, subject to a fine.
Publishing an advertisement without mentioning the EPC score is sanctioned by an administrative fine of EUR 250 to EUR 5,000 depending on the Region. Consult our guide on EPC and rental.
Before signing the lease
The landlord must communicate to the prospective tenant, before signing:
1. EPC certificate
The complete certificate (not just the score) must be presented. It must be valid (10 years maximum).
2. Condition of installations
- Electrical compliance certificate (RGIE)
- Condition of heating and boiler
- Presence of smoke detectors (mandatory in all three Regions)
3. Co-ownership regulations
If the property is in co-ownership, the relevant extracts of the regulations must be transmitted (use of common areas, pets, noise).
4. Actual amount of charges
The landlord must communicate the charge statement from previous years so that the tenant can assess the actual cost.
5. Planned works
If major works are planned (in co-ownership: voted at the general meeting), the landlord must inform the candidate.
Penalties and remedies
For the landlord
| Omission | Penalty |
|---|---|
| EPC not mentioned in advertisement | Fine EUR 250-5,000 |
| EPC not annexed to lease | Fine EUR 625-62,500 (Brussels) |
| Charges not detailed | Charges not recoverable |
| Hidden defect not reported | Damages + rent reduction |
| Works not disclosed | Defect of consent (possible nullity) |
For the tenant
The tenant who discovers concealed information may:
- Negotiate an amicable rent reduction
- Refer the matter to the Justice of the Peace for a judicial rent reduction
- Claim damages (moving costs, loss of enjoyment)
- In serious cases (non-compliant property), obtain lease termination at the landlord’s fault
For more information, consult our guides on the rights and obligations of the landlord and residential leases in Belgium.