Lease and non-compliant housing in Belgium
What to do if your rented dwelling does not meet safety, habitability or EPC standards? Tenant's rights, landlord's obligations and remedies in Belgium.
Compliance standards by Region
Each Belgian Region sets its own quality standards for rental properties. The landlord must comply before putting the property on the market.
Brussels-Capital
The Brussels Housing Code imposes standards on safety, health and equipment. The regional inspection can carry out checks on the tenant’s complaint or on its own initiative.
Wallonia
A rental permit is mandatory for small dwellings (habitable area below 28 m2 or shared accommodation). The standards cover structure, safety, health and minimum comfort.
Flanders
The conformiteitsattest (conformity certificate) can be requested by the tenant. The standards of the Vlaamse Wooncode cover safety, health and housing quality.
| Criterion | Common standard |
|---|---|
| Minimum area | 12-18 m2 per person depending on the Region |
| Ceiling height | 2.20 m minimum |
| Natural light | Window representing 1/6 of the floor area |
| Ventilation | Compliant ventilation system |
| Electricity | Compliance certified by an approved body |
| Smoke detectors | Mandatory in all three Regions |
| EPC | Certificate mandatory for any rental |
The landlord must bring the property into compliance before signing the lease. Renting a non-compliant property engages their liability, even if the tenant accepted the premises knowingly.
Tenant remedies
If the property does not meet standards, the tenant has several remedies:
- Formal notice: by registered letter, request the landlord to carry out compliance works within a reasonable deadline (1 to 3 months)
- Complaint to housing authorities: each Region has an inspection service that can check the property on complaint
- Referral to the Justice of the Peace: the judge may order works, reduce rent, award damages or terminate the lease
- Mayor intervention: in case of immediate danger (collapse risk, CO poisoning), the mayor may order evacuation and prohibit rental
Landlord obligations
The landlord has an obligation to deliver (Article 1719 of the Civil Code): they must provide a property in good repair and fit for the use for which it is rented.
This obligation includes:
- Bringing the property into compliance before rental
- Structural maintenance during the lease
- Carrying out repairs necessary to maintain compliance
- Complying with current regional standards
A landlord who rents a non-compliant property faces:
- Administrative fines (up to EUR 25,000 in Brussels)
- Rent reduction by court order
- Lease termination at the landlord’s fault
- Damages for the tenant
For mandatory inspections before rental, consult our dedicated guide.
Dispute procedure
Step 1: Documentation
Photograph the problems, keep all correspondence with the landlord, and if possible have the defects noted by an independent expert.
Step 2: Formal notice
Send a formal notice detailing the non-compliances and the repair deadline. Mention the applicable regional standards.
Step 3: Regional complaint
If the landlord does not respond, file a complaint with your Region’s housing department. The inspection can order works subject to a fine.
Step 4: Justice of the Peace
As a last resort, refer the matter to the Justice of the Peace. The judge may order works with a penalty, reduce rent proportionally, terminate the lease at the landlord’s fault, or award damages.
To create a lease that protects both parties, use our online lease generator. For more information, consult our guide on residential leases in Belgium or the rights and obligations of the landlord.