Viewing clause in a lease in Belgium
The viewing clause in a Belgian lease: landlord's rights, legal limits, required notice, hours and tenant's right to refuse. What is and is not allowed.
The landlord’s right of inspection
The landlord’s right of inspection is governed by the fundamental principle of the tenant’s peaceful enjoyment. This principle, set out in Articles 1719 and 1728 of the Civil Code, means that the landlord cannot enter the property without the tenant’s consent.
However, the landlord retains a legitimate interest in checking the condition of the property. The visit clause in the lease organises this balance between the right of ownership and the tenant’s right to privacy.
Situations where the landlord may request a visit:
| Situation | Notice | Frequency |
|---|---|---|
| Checking the condition of the property | 1-2 weeks | 1 to 2 times per year |
| Re-letting (during notice period) | As per the lease | 2-3 days/week |
| Works to assess | 1 week | One-off |
| Emergency (leak, fire) | None | Immediate |
The landlord may never enter the property without the tenant’s consent (except in an emergency). Even with a visit clause in the lease, they must respect the agreed notice and hours. Entering without consent constitutes a violation of domicile (Article 439 of the Penal Code).
Legal terms
What the lease may provide
- Number of annual inspection visits (1-2 is reasonable)
- Authorised days and hours (working days, office hours)
- Minimum notice (48 hours to 1 week)
- Mandatory presence of the tenant or possibility of delegation
What the lease may NOT impose
- Unlimited or unannounced access
- Visits at unreasonable hours (night, early morning)
- Installation of cameras in the property
- Landlord retaining a set of keys without agreement
- Inspection of the tenant’s personal effects
In Flanders, the Woninghuurdecreet provides for a specific right of inspection: the landlord may visit the property once a year to check its condition, with 3 working days’ notice.
Consult our guide on the rights and obligations of the landlord for more details.
Viewings for re-letting
During the last 3 months of the notice period, the landlord has the right to organise viewings with prospective tenants or potential buyers. The terms are generally set out in the lease:
| Region | Days | Hours | Legal basis |
|---|---|---|---|
| Brussels | 2 days/week | 10am-6pm (weekdays), 10am-1pm (Saturday) | Brussels standard lease |
| Wallonia | 3 days/week | Agreed hours | Walloon standard lease |
| Flanders | 2 days/week | Reasonable hours | Woninghuurdecreet |
The tenant must cooperate in good faith. A systematic and unjustified refusal may constitute a breach of the lease. Conversely, the landlord cannot impose daily viewings or at unagreed hours.
For effective viewings, consult our guide on how to organise property viewings.
In case of dispute
The landlord insists on visiting without notice
- Remind them in writing of the terms of the lease’s visit clause
- Propose reasonable alternative time slots
- If the landlord enters without consent, file a complaint (violation of domicile)
The tenant refuses all visits
- Send a formal notice by registered letter reminding them of the lease clause
- Propose specific and reasonable time slots
- In case of persistent refusal, refer the matter to the Justice of the Peace
In both cases, good faith is the central criterion. The Justice of the Peace will decide based on the reasonable behaviour of each party.
To include a balanced visit clause in your lease, use our online lease generator. For more information, consult our guide on residential leases in Belgium.