Major works vs minor repairs: who pays what
Distinction between major works (landlord) and minor repairs (tenant) in rental properties in Belgium. Complete list and allocation criteria.
The allocation principle
The Belgian Civil Code (art. 1719-1720) requires the landlord to carry out major repairs and the tenant to carry out tenant repairs (routine maintenance). The boundary between the two is sometimes blurred, which leads to disputes.
Distinguishing criteria
| Criterion | Major repair | Minor repair |
|---|---|---|
| Nature | Structural, major equipment | Routine maintenance, wear |
| Cause | Wear and tear, defect, force majeure | Normal use, neglect |
| Cost | Generally > 500 EUR | Generally < 200 EUR |
| Frequency | One-off | Regular |
For detailed obligations, see our guide on the landlord’s obligations.
At the landlord’s expense
Structure and major works
- Roof and framework
- Load-bearing walls and facades
- Foundations and drainage
- Gutters and downpipes (replacement)
Major equipment
- Boiler (replacement)
- Water heater (replacement)
- Electrical installation (compliance)
- Built-in pipes
- Roller shutters (mechanism)
Joinery and finishes
- Window frames (replacement)
- External doors (replacement)
- Floor covering (replacement due to wear)
Compliance
- RGIE electrical compliance
- Smoke detectors (initial installation)
- EPC and insulation (if mandatory)
See our guide on works in a rental for an overview.
At the tenant’s expense
Routine maintenance
| Item | Tenant repair |
|---|---|
| Taps | Seals, aerators, shower hose |
| Electricity | Light bulbs, switches, sockets |
| Heating | Annual maintenance, filters, thermostat |
| Plumbing | Unclogging, seals, traps |
| Windows | Seals, hardware, cleaning |
| Walls | Plug holes, interior painting |
| Floor | Cleaning, minor repair (parquet) |
Outdoor maintenance
- Lawn mowing and hedge trimming
- Cleaning accessible gutters
- Pavement snow clearing
- Terrace maintenance
Tenant’s appliances
Any appliance belonging to the tenant (washing machine, refrigerator) is maintained and repaired at their expense.
Normal wear from reasonable use of the dwelling (paint discolouration, parquet wear, sealant yellowing) is not attributable to the tenant. Only abnormal deterioration is their responsibility.
In case of disagreement
Procedure
- Identify the nature of the repair (major or minor)
- Document the problem (photos, quotes)
- Communicate in writing with the other party
- Propose a reasonable sharing if the allocation is ambiguous
- In case of deadlock, refer to the justice of the peace
Prevention
- Include a detailed clause in the lease listing repairs by party
- Carry out a detailed property inventory at entry
- Keep maintenance invoices (tenant) and repair invoices (landlord)
- Communicate regularly about the condition of the dwelling
For more complex disputes, see our guide on rental disputes and the rental deposit.