Fire in a rental dwelling: procedure and responsibilities
Procedure after a fire in a rental dwelling in Belgium. Responsibilities of landlord and tenant, insurance, lease termination, and rehousing.
Liability in case of fire
The Belgian Civil Code (article 1733) establishes a presumption of tenant liability in case of fire. The tenant can only be exonerated by proving one of the following causes.
Exonerating causes
| Cause | Example |
|---|---|
| Fortuitous event | Lightning, electrical surge |
| Force majeure | Unforeseeable and irresistible event |
| Construction defect | Electrical or gas installation defect |
| External spread | Fire originating from a neighbouring dwelling |
| If the tenant cannot prove any of these causes, they must repair the damage. Their fire insurance covers these repairs within the contract limits. |
Insurance and compensation
Landlord’s insurance
The landlord’s fire insurance covers building damage. It takes priority for structural repairs.
Tenant’s insurance
| Region | Obligation | Coverage |
|---|---|---|
| Wallonia | Mandatory | Rental liability + contents |
| Brussels | Recommended | Rental liability + contents |
| Flanders | Recommended | Rental liability + contents |
Insurer recourse
The landlord’s insurer may exercise recourse against the tenant (or their insurer) if the tenant’s liability is established. This is why the tenant’s fire insurance is essential.
Procedure after the fire
The first 48 hours
- Call the fire brigade and evacuate the dwelling
- Notify the landlord
- Report the claim to both insurers (landlord and tenant)
- Do not touch the premises before the expert’s visit
The expert assessment
An expert appointed by the insurance will evaluate: the origin of the fire, the extent of the damage, the restoration cost and the parties’ liability.
Rehousing
If the dwelling is uninhabitable, the tenant must find temporary rehousing. Some insurance policies provide a rehousing allowance.
Impact on the lease
Total destruction
The lease is terminated by operation of law (art. 1722 Civil Code). The tenant owes no further rent and the rental deposit is released after offsetting any damage for which the tenant is liable.
Partial destruction
The tenant may choose:
- A proportional rent reduction based on the loss of enjoyment
- Lease termination without compensation
Repair timeframe
If the landlord chooses to repair, they must act within a reasonable timeframe. The tenant may suspend rent payments during the works if the dwelling is uninhabitable. For contractual aspects, see our guides on the lease and contract and the landlord’s obligations.
Frequently asked questions
-
The tenant is presumed liable unless they prove a fortuitous event, force majeure, a construction defect, or fire spreading from a neighbouring dwelling (art. 1733 Civil Code).
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In Wallonia, fire insurance has been mandatory for tenants since 2018. In Brussels and Flanders, it is strongly recommended but not legally mandatory.
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The lease is terminated by operation of law if the dwelling is totally destroyed. The tenant no longer owes rent from the date of the incident.