Cohousing and group housing in Belgium: legal framework
Legal framework for cohousing and group housing in Belgium. Legal forms, lease, co-ownership, taxation, and advantages for landlords and tenants.
Cohousing: definition and forms in Belgium
Cohousing (group housing or participatory housing) refers to a living arrangement where several households share common spaces while having a private dwelling. In Belgium, this mode of living is growing but still lacks a specific legal framework.
The different forms
| Form | Principle | Legal status |
|---|---|---|
| Classic cohousing | Private dwellings + common spaces | Co-ownership |
| Solidarity housing | Social project, affordable rents | Non-profit / Cooperative |
| Community Land Trust | Land/building separation | Foundation / Non-profit |
| Co-living | Furnished dwellings, services included | Furnished lease |
| Each form involves different rules regarding the lease and co-ownership. |
Legal structures
Co-ownership
The most classic form: each occupant owns their private lot and co-owns the common areas. The co-ownership regulations organise collective management.
Housing cooperative
Occupants are cooperative members. They do not own their dwelling but hold social shares. The cooperative owns the building and grants an occupation right.
Non-profit (ASBL)
The non-profit may own the building and grant occupation rights to its members. This form suits projects with a social mission.
Community Land Trust (CLT)
The CLT owns the land and grants a building right to the occupants. They own only the building, which reduces access costs. This model is developed notably in Brussels via the CLTB.
The lease in group housing
Primary residence lease
The standard primary residence lease applies when a landlord rents a dwelling in group housing. The 3-6-9 lease rules apply.
Shared tenancy lease
If occupants share the same dwelling (kitchen, living room in common), the shared tenancy lease is more suitable. Each tenant has their own rights and obligations.
Occupation agreement
In a cooperative or non-profit, an occupation agreement replaces the lease. It offers less protection than the primary residence lease.
| Contract type | Tenant protection | Minimum duration |
|---|---|---|
| Primary residence lease | Strong | 3 years (9 years by default) |
| Shared tenancy lease | Strong (per tenant) | 3 years minimum |
| Occupation agreement | Weak | Freely set |
Practical setup
Key steps
- Form the group of occupants and define the shared project
- Choose the appropriate legal structure (with a notary)
- Find the land or building
- Draft the statutes and internal rules
- Finalise occupation agreements or leases
Points to watch
- Plan a mechanism for resolving internal conflicts
- Anticipate departures and arrivals of members
- Clearly distinguish private and common spaces in the base deed
- Take out insurance covering common areas For investor landlords, cohousing can be an attractive rental yield model thanks to space pooling and occupant stability.
Frequently asked questions
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No, there is no specific cohousing lease. Residents sign either a standard lease, a co-tenancy lease, or an occupancy agreement depending on the legal structure chosen.
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The most common forms are co-ownership, housing cooperative, non-profit association (ASBL), or community land trust. The choice depends on the group's objectives and the desired level of ownership.
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Cohousing itself does not benefit from specific tax advantages. Certain structures (cooperative, CLT) offer indirect advantages such as a lower purchase price or reduced property tax.