Fixed vs provisional charges

In a furnished lease in Belgium, charges may be organised in two ways:

Fixed charges: a set monthly amount, determined when the lease is signed. The tenant pays the same amount each month regardless of actual consumption. No year-end statement. This is the most common system in furnished lettings, particularly for short-term leases.

Provisional charges: the tenant pays monthly provisions, reconciled once a year on the basis of actual consumption. If the provisions exceed the actual charges, the landlord refunds the difference. If not, the tenant pays the shortfall.

The choice between fixed and provisional charges must be clearly stated in the lease. Where the lease is silent, case law generally treats the charges as fixed.

Who pays what?

The allocation of charges between landlord and tenant follows the general principles of Belgian tenancy law:

Tenant’s responsibility:

  • Water, gas, electricity (personal consumption).
  • Heating (individual or share of common areas).
  • Maintenance of common areas (cleaning, lighting).
  • Waste collection tax.
  • Lift charges (routine maintenance).
  • Minor repairs to communal equipment.

Landlord’s responsibility:

  • Immovable withholding tax (precompte immobilier).
  • Building insurance.
  • Major repairs to common areas (roof, facade).
  • Replacement of collective equipment (boiler, lift).
  • Property management fees.

Specific to furnished leases: the cost of maintaining and replacing furniture remains the landlord’s responsibility (normal wear and tear). Only damage caused by the tenant is chargeable to them.

Annual statement of charges

If the lease provides for provisional charges, the landlord must supply a detailed annual statement:

Contents of the statement:

  • Itemised breakdown of each charge (water, gas, electricity, common areas).
  • Total actual charges for the period.
  • Total provisions paid by the tenant.
  • Balance: top-up payable or refund due.

Deadline: the statement must be provided within a reasonable period after the close of the accounting period (usually within 3 months).

Supporting documents: the tenant may ask to see invoices and supporting documents. The landlord is required to keep them and make them available.

In case of dispute: if the tenant contests the statement, they may refer the matter to the justice of the peace. The landlord must prove the reality of the charges invoiced.

Practical advice

For landlords:

  • Prefer fixed charges for short-term leases (less administrative work).
  • Calculate the fixed amount accurately: base it on actual consumption from previous years to avoid underestimates.
  • Itemise in the lease: list precisely which charges are included in the fixed amount or provisions.

For tenants:

  • Check what is included: “rent inclusive of charges” does not always cover everything. Ask for the breakdown.
  • Keep your meter readings: with provisional charges, note the meter readings at entry and exit.
  • Compare: a higher rent with charges included may be cheaper than a low rent with high provisions.

For a furnished lease with tailored charge clauses, use our online lease creator or consult the furnished lease guide.