Lease in a co-ownership property in Belgium
Renting a property in a co-ownership in Belgium: co-ownership regulations, common charges, tenant's rights, building manager's role and specific lease clauses.
Co-ownership regulations and the tenant
The co-ownership regulations (or internal rules of order) is the document setting the rules of communal living in the building. In Belgium, it is governed by Book 3 of the Civil Code (Articles 3.84 to 3.100).
The tenant is not a party to the co-ownership regulations, but is required to comply with them. The landlord has the obligation to transmit the relevant extracts:
- Use of common areas (hall, stairs, garden, parking)
- Noise and works schedules
- Rules on domestic animals
- Use of the bin room and waste sorting
- Parking rules
If the tenant breaches the regulations, the building manager contacts the landlord who is responsible towards the co-ownership. The landlord may then take action against the tenant based on the lease.
The landlord must attach the relevant extracts of the regulations to the lease. Failing this, they cannot hold the tenant responsible for non-compliance with rules the tenant was not aware of.
Splitting co-ownership charges
Belgian law distinguishes two types of charges:
| Type | Payable by | Examples |
|---|---|---|
| Ordinary charges | Tenant | Cleaning of common areas, lift, lighting, garden maintenance, communal insurance |
| Extraordinary charges | Landlord | Major works (roof, facade), reserve fund, lift renovation |
The annual statement
The building manager draws up an annual charge statement per unit. The landlord passes on the tenant’s share of ordinary charges. The lease must specify the calculation method: monthly provisions (with annual adjustment) or fixed lump sum (without adjustment).
For details on the split, consult our guide on service charges in Belgium.
Dispute
The tenant may challenge the charges attributed to them if they consider they fall under extraordinary charges. They have the right to consult the supporting documents (invoices, building manager’s statement).
Specific lease clauses for co-ownership
The lease for a property in co-ownership must contain additional clauses:
- Compliance clause: the tenant commits to respecting the co-ownership regulations
- Charge allocation clause: distinction between landlord charges and tenant charges
- Co-ownership works clause: the tenant must tolerate works decided at the general meeting (subject to reasonable notice)
- Parking/cellar clause: if a parking space or cellar is included in the rental
The lease must also mention any restrictions imposed by the regulations: prohibition of subletting, limitation on animals, prohibition of professional activity.
For insurance implications in co-ownership, consult our guide on civil liability in rental.
Practical tips
For the landlord
- Transmit the regulatory extracts before signing the lease
- Clearly indicate the charge split in the lease
- Inform the tenant of general meeting decisions that affect them
- Notify the building manager of the rental (some regulations require it)
For the tenant
- Read the regulatory extracts before signing
- Check that the announced charge amount corresponds to the actual statement
- Report any problem in common areas to the landlord (not to the building manager directly)
- Request the annual statement from the building manager to verify your charges
To create a lease with adapted co-ownership clauses, use our online lease generator. For more information, consult our guide on co-ownership or residential leases in Belgium.