Emergency works in a rental property: who decides
Who decides on emergency works in a rental property in Belgium? Tenant rights, landlord obligations, reimbursement and procedure.
What is an emergency in a rental
An urgent work is a repair that cannot wait without risk of worsening damage to the dwelling or danger to the occupants.
Classification of emergencies
| Level | Examples | Action timeframe |
|---|---|---|
| Absolute emergency | Gas leak, pipe burst, short circuit | Immediate |
| Relative emergency | Boiler breakdown (winter), roof leak | 24-72 hours |
| Priority repair | Broken lock, stuck shutter, blocked toilet | 1 week |
| Standard repair | Peeling paint, dripping tap | 1-3 months |
The tenant may act alone only in cases of absolute emergency. For other situations, the landlord’s consent is required.
Rights and obligations of the parties
The tenant may
- Call emergency services (fire brigade, gas, electricity)
- Shut off utilities (water, gas, electricity) in case of danger
- Have a professional intervene to secure the dwelling
- Request reimbursement of expenses incurred
The tenant may not
- Carry out non-urgent works without consent
- Choose an expensive contractor without justification
- Incur costs disproportionate to the emergency
- Unilaterally withhold the amount from the rent
The landlord must
- Respond quickly to emergency reports
- Cover structural repairs
- Reimburse the tenant for justified emergency interventions
- Arrange permanent repairs within a reasonable timeframe
Procedure to follow
Step 1: report the emergency
Contact the landlord immediately by phone and in writing (text, email, registered letter). Document the emergency with photos and videos.
Step 2: secure the premises
In case of immediate danger:
- Shut off the relevant utilities
- Evacuate if necessary
- Call emergency services (112)
Step 3: intervene if necessary
If the landlord is unreachable and the emergency is absolute, have a professional intervene. Request a detailed invoice mentioning the urgent nature of the intervention.
Step 4: formalise
Within 48 hours, send a registered letter to the landlord with:
- Description of the emergency
- Measures taken
- Invoices for the interventions
- Photos of the damage
- Request for reimbursement
For letter templates, see our registered letter templates.
Reimbursement and disputes
Reimbursement conditions
The landlord must reimburse if:
- The emergency was real and documented
- The intervention was necessary to prevent major damage
- The cost was reasonable and justified
- The tenant attempted to contact the landlord
In case of refusal
If the landlord refuses to reimburse:
- Send a formal notice by registered letter
- Propose mediation
- Refer to the justice of the peace with evidence of the emergency
Advice: preventing emergencies
Regular maintenance reduces the risk of urgent breakdowns. Both tenant and landlord have a role to play. See our guide on works in a rental and the rental deposit.