Landlord obligations in Belgium 2026: complete guide
Landlord obligations Belgium 2026: 7 categories (delivery, enjoyment, repairs, insurance, taxation, termination, indexation).
1. Delivering a decent property
This guide covers landlord obligations in Belgium across 7 practical categories. Legal framework: Belgian Civil Code (art. 1708 et seq.) and regional decrees. Applicable to any residential lease signed since 1 January 2018 (depending on the region).
Condition at signing
The landlord must deliver the property clean, in good condition and compliant with regional habitability standards: proper paintwork, functioning installations, no excessive dampness, working heating.
Mandatory equipment
Smoke detectors (mandatory in all 3 regions), individual meters where possible, drinking water supply, compliant sanitary facilities, electrical wiring to standard.
The EPC certificate
The EPC is mandatory from the listing stage. Without an EPC at the signing of the lease, the lease can be challenged. A poorly rated property (F, G) has its rent indexation capped or frozen in Wallonia and Brussels since 2023.
The move-in inventory
Mandatory and adversarial. The landlord must organise the inventory at the handover of keys. Photographs of the premises upon entry, furniture inventory if furnished, signature of both parties.
2. Ensuring peaceful enjoyment
Not interfering
Once the lease is signed, the landlord may no longer enter the property without the tenant’s consent, except in emergencies (leak, fire). Viewings for a new tenant may only take place towards the end of the lease, with reasonable notice.
Guaranteeing tranquillity
The landlord is responsible for stopping serious disturbances caused by other tenants in the building. Structural problems must be dealt with promptly.
Respecting privacy
Any excessive request for information is unlawful. The landlord may only request information strictly necessary for managing the lease (payment, insurance, acknowledgement of receipt of correspondence).
3. Carrying out major repairs
Definition
The Civil Code requires the landlord to carry out “major” repairs: roof, facade, structural work, boiler, built-in plumbing, main electrical system. The tenant is responsible for minor day-to-day maintenance repairs.
Response time
Damage affecting habitability must be dealt with promptly: 48-72 hours for emergencies, 2-4 weeks for less critical issues. Excessive delay entitles the tenant to a rent reduction.
Refusal to repair
If the landlord refuses or delays, the tenant can: send a formal notice with acknowledgement of receipt, request a rent reduction, or refer the matter to the justice of the peace in case of a dispute.
4. Insurance and liability
Landlord insurance
Mandatory: building insurance (non-occupant owner policy), covering structural damage. The cost is borne exclusively by the landlord.
Civil liability
If a visitor is injured due to a structural defect, the landlord is liable.
Rental insurance (tenant)
This is separate. The tenant takes out their own insurance. It has been mandatory in Wallonia since 2018.
5. Landlord taxation
Property tax
Who must pay property tax in Belgium? The landlord. The property tax is an annual tax based on the cadastral income. Even if the lease contains a pass-through clause, it is prohibited for a residential primary residence lease.
Tax on rental income
Residential rental income is taxed on the indexed cadastral income increased by 40%, not on actual rent received.
Deductible expenses
Certain costs are deductible: property tax, loan interest, major repairs.
6. Termination and notice
Landlord notice
A landlord wishing to end the lease must give 6 months’ notice. The legal grounds for termination by the landlord in Belgium are restrictive:
- Personal occupation: the landlord or a close relative must personally occupy the property within the year.
- Major works: requiring the tenant to vacate.
- End of a three-year period: with a valid reason for non-renewal.
Compensation if the reason is not respected
If the landlord invokes a reason they do not follow through on, the tenant can claim 18 to 24 months’ rent in compensation.
Termination for breach
In case of a serious breach by the tenant, the landlord can refer the matter to the justice of the peace for termination of the lease at the tenant’s fault.
Special cases
Early termination by the tenant: the landlord must accept the 3-month notice period, with compensation if the break occurs before 3 years. A short-term lease follows different rules. To terminate the lease at any time, the tenant must always notify in writing.
7. Annual rent indexation
The right to index
The landlord has the right to index rent once per year on the anniversary date of the lease. Subject to 4 conditions: an indexation clause in the lease, the lease must be registered, the anniversary date must be respected, and the regional EPC caps must be observed.
Notification
Rent indexation is not automatic. The landlord must notify the tenant in writing before applying the new rent.
EPC caps (2023)
Wallonia (since 31 October 2023): EPC A-B-C full indexation, D at 75%, E at 50%, F-G frozen. Brussels: similar rules. Flanders: separate rules.
FAQ: payments and obligations
Who must pay for the property inventory in Belgium? Each party pays for their own expert. If a joint expert is appointed, costs are shared equally. An amicable inventory carried out between the parties is free.
Who pays for the building insurance? Always the landlord. The non-occupant owner policy is their exclusive responsibility.
Who pays the co-ownership management agent? The landlord pays the management agent fees. Only recoverable charges can be passed on.
Who pays the months’ rent for the deposit? The tenant deposits the rental deposit into a blocked account in their name.
Can a bailiff be called for an inventory? Yes, in case of disagreement. Cost: EUR 200-500. In a persistent dispute, this is the safest route.
A landlord who respects their obligations benefits from a healthy rental relationship. A well-managed lease lasts 5-7 years. Poorly managed, 1-2 years with litigation.
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