Principle: free for primary residence
Since 2007, registration of a primary residence lease has been entirely free in Belgium. This measure aims to encourage landlords to systematically register their rental contracts.
The free registration is provided by Article 161, 12th of the Registration Duties Code. It applies in all three regions (Brussels, Wallonia, Flanders) because registration falls under federal jurisdiction.
Before 2007, registration was paid for all types of leases. The reform removed the fees for residential leases used as the tenant’s primary residence, covering the vast majority of rental contracts in Belgium.
Leases eligible for free registration
Several types of leases are registered free of charge:
| Lease type | Free? | Condition |
|---|---|---|
| Primary residence lease | Yes | The property is the tenant’s primary residence |
| Short-term lease | Yes | If used as the primary residence |
| Student lease | Yes | If the room is the student’s primary residence |
| Shared housing lease | Yes | If the property is the co-tenants’ primary residence |
| Furnished lease | Yes | If used as the primary residence |
The determining factor is use as the primary residence of the tenant, regardless of the lease type. A furnished lease or a shared housing lease are free to register as long as the property is the tenant’s primary residence.
Leases subject to registration fees
Leases not used as the tenant’s primary residence are subject to registration fees of 0.2% of the cumulative rent over the lease duration:
- Commercial lease: 0.2% of rent over the lease duration (generally 9 years). For a rent of 2,000 EUR per month over 9 years, fees amount to 432 EUR.
- Second home: 0.2% of rent over the lease duration.
- Office or professional space: 0.2% of rent over the lease duration.
- Garage or parking (not linked to primary residence): 0.2% of rent.
The calculation is based on the total amount of rent provided for in the contract. If the lease has an indefinite duration, the calculation uses a standard base.
Regularisation: also free?
Late registration regularisation follows the same free registration rules:
- Primary residence lease: regularisation is free, even if the 2-month deadline has been exceeded by several years. No fine is applied.
- Commercial or non-residential lease: the 0.2% fees remain due, plus a potential penalty for prolonged delay.
There is no financial reason not to register a primary residence lease: the procedure is free, regularisation is also free, and the consequences of non-registration are serious for the landlord (loss of indexation, free termination by the tenant).
To register your lease: online procedure via MyRent.