Subletting in Belgium: rules and conditions
Is subletting allowed in Belgium? Conditions, landlord's consent, partial or total subletting, Airbnb and consequences for breach.
General subletting rules
In Belgium, subletting is governed by different rules depending on whether it is total or partial.
| Type | Residential lease | Commercial lease | Ordinary law lease |
|---|---|---|---|
| Total subletting | Prohibited (unless written consent) | Permitted (unless lease prohibition) | Permitted |
| Partial subletting | Permitted (if tenant stays) | Depends on the lease | Permitted |
For primary residence leases, Article 4 paragraph 1 of the standard lease prohibits total subletting by default. The tenant cannot assign the enjoyment of the entire property to a third party without the landlord’s written consent.
Partial subletting (a room, a space) is permitted provided the tenant continues to occupy the property as their primary residence.
Any subletting (total or partial on Airbnb) requires the landlord’s written consent. Oral consent is not sufficient in case of dispute.
Partial subletting
Legal conditions
The tenant may sublet part of their property (room, garage) if:
- They remain in the property as their primary residence
- The lease does not explicitly prohibit it
- They inform the landlord of the sub-tenant’s identity
- The sub-tenant complies with the lease and co-ownership regulations
Sub-tenant’s rights
The sub-tenant has a contract with the tenant (not with the landlord). Their rights are limited:
- No direct relationship with the landlord
- No right to remain if the main lease ends
- Protection limited by the subletting contract
Subletting on Airbnb
Subletting via short-term rental platforms (Airbnb, Booking) is subject to additional rules:
Landlord’s consent
The landlord’s written consent is always required, even for partial subletting. Without consent, the landlord may request lease termination.
Tourist registration
| Region | Obligation | Penalty if non-compliance |
|---|---|---|
| Brussels | Mandatory registration (Brussels Economy) | EUR 250 to EUR 25,000 |
| Wallonia | Declaration to the municipality | Varies by municipality |
| Flanders | Conformity certificate + declaration | Varies |
Taxation
Income from subletting on Airbnb is taxable. The tenant-sub-lessor must declare the income received in their tax return. The landlord remains taxed on the cadastral income (or actual rent).
Consequences of unauthorised subletting
For the tenant
- Formal notice from the landlord by registered letter
- Lease termination for serious breach (Justice of the Peace)
- Fine for unregistered tourist rental
- Liability for all acts of the sub-tenant (damage, nuisances)
For the sub-tenant
- Loss of accommodation if the main lease is terminated
- No recourse against the landlord (no contractual relationship)
- Recourse against the tenant-sub-lessor only
Prevention
To avoid problems, the landlord may:
- Insert a total subletting prohibition clause in the lease
- Explicitly mention the Airbnb prohibition
- Regularly check rental platforms
To create a lease with an adapted subletting clause, use our online lease generator. For more information, consult our guide on residential leases in Belgium.