The Act of 30 April 1951 imposes a minimum duration of 9 years on every commercial lease. This rule is mandatory:
- A lease concluded for less than 9 years is automatically extended to that duration
- A lease concluded for more than 9 years is perfectly valid
- The duration runs from the agreed date (or the date of actual occupation)
Why 9 years? The law considers that a business operator needs sufficient stability to build up a customer base and recoup their fit-out investment.
Lease of indefinite duration: this does not exist for commercial leases. If no duration is mentioned, the lease is presumed to be for 9 years.
Lease exceeding 9 years: possible (12, 15, 18 years…) but:
- If longer than 9 years: registration with proportional duties is compulsory
- The lease remains subject to the 1951 Act
- Triennial termination remains possible unless the contract provides otherwise
The 9-year commercial lease is divided into 3 triennial periods of 3 years each:
| Triennial period | Period | Termination possible |
|---|---|---|
| 1st | Years 1 to 3 | End of year 3 (6 months’ notice) |
| 2nd | Years 4 to 6 | End of year 6 (6 months’ notice) |
| 3rd | Years 7 to 9 | End of year 9 (6 months’ notice) |
Termination by the tenant:
- Possible at the end of each triennial period
- 6 months’ notice by registered letter
- No compensation owed
- No reason required
Termination by the landlord:
- Possible only at the end of each triennial period
- 6 months’ notice + legitimate grounds
- Grounds: personal occupation (6 months’ rent as compensation), reconstruction, serious breach by the tenant
Early termination (during a triennial period): not possible except:
- Serious breach (judicial termination)
- Mutual agreement (amicable termination)
- Express termination clause (if stipulated in the lease)
At the end of the 9-year term, two scenarios arise:
1. Renewal (tenant’s right):
- The tenant may request renewal between the 18th and the 15th month before the expiry date
- A maximum of 3 successive renewals of 9 years each (total: 36 years)
- The request sets out the desired conditions for the new lease
- The landlord has 3 months to accept, propose alternative conditions, or refuse
2. Expiry without renewal:
- The landlord gives notice 6 months before expiry
- Or the tenant fails to request renewal within the prescribed time frame
Tacit renewal:
- If neither landlord nor tenant takes action, the lease is tacitly renewed for 9 years
- Under the same conditions
- The tenant retains their renewal count
Eviction compensation:
- If the landlord refuses renewal without legitimate grounds
- Compensation ranges from 1 to 3 years’ rent (set by the judge)
- Covers loss of clientele and relocation costs
The pop-up lease (or short-term commercial lease) is a recent exception:
In Flanders (Decree of 17 June 2016):
- Maximum duration: 1 year
- May be extended but the total must not exceed 1 year
- The 1951 Act does NOT apply
- Ends automatically at expiry (no notice required)
- No right to renewal
In Brussels (Ordinance of 4 April 2019):
- Maximum duration: 1 year
- Same principles as Flanders
- Suited to ephemeral shops, concept stores and artisans
In Wallonia:
- No specific regime has been adopted to date
- A lease of less than 1 year could be reclassified as a 9-year commercial lease
- Caution is advised
Use: the pop-up lease is ideal for temporary shops, seasonal businesses or for testing a location before committing for 9 years.