The allocation of works and maintenance between owner and tenant is a central topic in Belgian rental law. The fundamental principle rests on the distinction between tenant repairs (tenant’s responsibility) and major repairs (landlord’s responsibility).

The tenant is required to carry out minor repairs and routine maintenance of the property: replacing seals, maintaining taps, descaling, cleaning accessible gutters, garden maintenance, replacing light bulbs and smoke detector batteries.

Legal basis — Article 1754 of the Belgian Civil Code defines tenant repairs as those “deemed to have been made necessary by normal use of the property”. Regional legislation (Flemish decree of 2019, Walloon decree of 2018, Brussels ordinance of 2018) has clarified this allocation.

The landlord is responsible for major repairs affecting the structure, roof, load-bearing walls, outdated sanitary installations, replacement of end-of-life equipment (boiler, water heater) and bringing the property into compliance with safety and health standards.

The tenant has the obligation to maintain the property in good condition throughout the entire lease term. The main maintenance obligations are:

  • Heating: annual boiler maintenance (mandatory in all three regions), chimney sweeping, radiator bleeding.
  • Sanitary: descaling, seal replacement, maintenance of traps and drains.
  • Electrical: replacement of defective switches and sockets (normal wear), light bulb replacement.
  • Exterior: garden, hedge and terrace maintenance if the lease provides for it.

Good to know — In case of dispute over the nature of a repair (tenant repair or major repair), the allocation grids published by the regions serve as a reference. In Flanders, an exhaustive list is appended to the Housing Lease Decree (annex “herstellingen ten laste van de huurder”).

The tenant must promptly notify the landlord of any damage or incident requiring urgent intervention. Failure to report may engage the tenant’s liability if the damage worsens.

When the landlord needs to carry out major works in the rented property, certain rules must be followed:

  • Urgent repairs: the landlord may access the property without delay for urgent repairs, even if this causes inconvenience to the tenant. If the works last more than 40 days, the tenant may request a proportional rent reduction.
  • Improvement works: the landlord may only impose non-urgent improvement works during the lease with the tenant’s consent, unless they are energy-related works mandated by regulation.
  • Tenant works: any significant structural or aesthetic modification requires prior written consent from the landlord, specifying the conditions for restoration at the end of the lease.

Warning — If the landlord refuses to carry out urgent repairs that are their responsibility, the tenant may, after a formal notice that remains unanswered, apply to the justice of the peace to obtain execution of the works or authorisation to have them carried out at the landlord’s expense.

At the end of the lease, the exit inventory is compared to the entry inventory to determine any damage attributable to the tenant, taking into account normal wear and tear of the property.