Roof infiltration in a rental property: liability
Roof infiltration in a rental property in Belgium. Landlord liability, procedure, repair and tenant rights.
- 01 Responsibility
- 02 Procedure
- 03 Repair and costs
- 04 Tenant's remedies
Responsibility in case of roof infiltration
The roof is part of the major structure of the building. Its repair and maintenance are the landlord’s responsibility (art. 1720 Civil Code). The tenant must nevertheless promptly report any problem.
| Situation | Responsible party |
|---|---|
| Worn or damaged roof | Landlord |
| Blocked gutter (accessible maintenance failure) | Tenant |
| Storm or natural disaster | Landlord (insurance) |
| Poorly executed works by the tenant | Tenant |
For general obligations, see our guide on the landlord’s obligations.
Procedure to follow
For the tenant
- Protect belongings and limit damage (containers, tarpaulins)
- Document the damage (dated photos, videos)
- Notify the landlord by phone then registered letter
- Report the claim to home insurance
- Do not repair yourself except in absolute emergency (tarpaulin covering)
For the landlord
- React quickly (48-72 hours for an emergency)
- Commission a roofer for assessment and repair
- Report the claim to insurance if necessary
- Inform the tenant of the repair schedule
- Bear all repair costs
Repair and costs
Types of repair
| Intervention | Indicative cost |
|---|---|
| Localised repair (tiles, slates) | 200 - 800 EUR |
| Emergency tarpaulin | 100 - 300 EUR |
| Gutter replacement | 500 - 2,000 EUR |
| Flat roof waterproofing | 40 - 80 EUR/m2 |
| Complete roof renovation | 100 - 200 EUR/m2 |
Insurance
The landlord’s insurance generally covers damage caused by infiltration. The tenant’s insurance covers their personal belongings that are damaged.
For the energy aspects of the roof, see our guide on the EPC.
Tenant’s remedies
If the landlord does not intervene
- Send a formal notice with a 15-day deadline
- If no response, refer to the justice of the peace
- Request a proportional rent reduction
- In case of uninhabitability, request lease termination
Compensation for damaged belongings
If the tenant’s belongings are damaged by the infiltration and the landlord is responsible (unmaintained roof), the tenant can claim damages in addition to the rent reduction.
Document the damage and keep invoices. See our guide on the rental deposit and works in a rental.