Allocation of rental charges in Belgium: who pays what?
The allocation of charges between landlord and tenant is one of the most frequently debated questions in Belgian tenancy law. It generates a significant volume of disputes before the justices of the peace, often because the lease does not sufficiently detail the recoverable items. The basic principle is set out in Article 1754 of the former Civil Code: tenant repairs (or minor maintenance) are the tenant’s responsibility, while major repairs fall to the landlord.
This general principle is supplemented by the three Belgian regional legislations. In Brussels, the Housing Code provides an indicative list of tenant repairs. In Flanders, the Woninghuurdecreet of 9 November 2018 introduced an indicative list of tenant repairs as an annex to the decree. In Wallonia, the decree of 15 March 2018 refers to the general principles of the Civil Code. In case of dispute, it is the justice of the peace of the property’s location that makes the final ruling.
Charges recoverable from the tenant
Recoverable charges are those directly related to the use and enjoyment of the rented property. Here is the exhaustive list:
Energy consumption:
- Heating: gas, heating oil, electricity, pellets (individual consumption or collective share)
- Water: individual consumption or collective share
- Dwelling electricity: contract in the tenant’s name
Common areas (co-ownership):
- Cleaning of halls, stairways, corridors
- Lighting of common areas
- Routine lift maintenance
- Green spaces maintenance
- Common charges for operation
Tenant maintenance:
- Annual boiler maintenance
- Chimney sweeping
- Pest control
- Replacement of seals, filters, light bulbs
- Maintenance of accessible gutters
Taxes and charges related to use:
- Household waste collection tax
- Sanitation charge (included in the water bill)
| Category | Examples | Responsibility |
|---|---|---|
| Energy | Gas, electricity, heating oil | Tenant |
| Water | Consumption, sanitation | Tenant |
| Common areas | Cleaning, lighting, lift | Tenant (share) |
| Routine maintenance | Boiler, chimney sweeping, seals | Tenant |
| Use-related taxes | Waste, drainage | Tenant |
Non-recoverable charges: exclusively the landlord’s responsibility
Certain expenses can never be passed on to the tenant, regardless of any lease clause:
Taxes related to ownership:
- Property tax (regional property tax)
- Second residence tax
- Vacant property tax
- Lease registration fees (the landlord’s responsibility for residential leases)
Structural charges:
- Major works (roof, facade, foundations, structure)
- Replacement of boiler, lift, plumbing
- EPC or fire safety compliance work
- Insulation, replacement of window frames and windows
Management charges:
- Co-ownership building manager fees
- Reserve fund and working capital
- Co-ownership litigation costs
- Building insurance (non-occupant landlord premium)
Letting-related costs:
- Estate agency fees (borne by the principal, generally the landlord)
- Move-in inventory costs (shared equally)
These charges relate to ownership of the property, its structural maintenance or its asset management. Passing them on to the tenant would contravene the mandatory provisions of Belgian regional legislation on residential leases.
Regional differences
While the general allocation principle is identical in all three regions, certain nuances exist:
Brussels-Capital Region: The Brussels Housing Code (ordinance of 27 July 2017) imposes enhanced transparency. The lease must clearly distinguish rent from charges. Under a provisions system, the annual settlement is mandatory with a detailed breakdown.
Walloon Region: The decree of 15 March 2018 on residential leases contains similar provisions. Wallonia insists on the landlord’s obligation to provide charge supporting documents on simple request from the tenant.
Flemish Region: The Flemish Woninghuurdecreet of 9 November 2018 also provides for the rent/charges distinction and the obligation to produce an annual settlement under a provisions system. Flanders has introduced an indicative list of tenant repairs.
In all three regions, lease clauses that place non-recoverable expenses on the tenant are deemed unwritten. The tenant can challenge them at any time, even if they accepted them in the lease. To properly assess charges, consult our page on rent setting.