Heating charges in rental properties: landlord-tenant allocation
Heating represents the heaviest item of rental charges in Belgium, commonly absorbing 40 to 60% of the total charges budget of a dwelling. For an average apartment in Brussels, this represents between 100 and 250 EUR per month in winter, an amount that directly influences the property’s attractiveness on the rental market and the tenant’s budget.
The allocation between landlord and tenant rests on a simple rule: the tenant pays for energy consumption and routine maintenance, while the landlord bears the replacement of equipment and major repairs. This principle, rooted in Article 1720 of the former Belgian Civil Code, applies in all three regions, even though mandatory maintenance frequencies vary according to regional regulations. The impact of the EPC certificate on heating costs makes this distinction all the more important. Consult our comprehensive guide on the allocation of rental charges for an overview.
Individual heating: all at the tenant’s expense?
When the dwelling has its own heating system (individual boiler, stove, convectors), the tenant bears all energy consumption costs. They pay their gas, heating oil or electricity supplier directly.
What the tenant pays:
- Fuel consumption (gas, heating oil, pellets, electricity)
- Mandatory annual boiler maintenance
- Minor routine repairs (thermostat, radiator bleed valve, seal replacement)
- Chimney sweeping
What the landlord pays:
- Replacement of the boiler or heating system
- Major repairs (heat exchanger, heating body, circulator)
- Bringing the installation into compliance with EPC standards
- Replacement of worn-out radiators
| Region | Gas maintenance | Heating oil maintenance | Legal basis |
|---|---|---|---|
| Brussels | Every 2 years | Every year | Brussels Gov. Decree of 21/12/2007 |
| Wallonia | Every 3 years | Every year | Walloon Gov. Decree of 29/01/2009 |
| Flanders | Every 2 years | Every year | Decree of 08/12/2006 |
Collective heating: allocation in co-ownership
In apartment buildings equipped with collective central heating, the allocation of heating costs among tenants is subject to specific rules.
Since the transposition of European Directive 2012/27/EU on energy efficiency, Belgian buildings must progressively be equipped with individual meters or heating cost allocators. This obligation aims to bill each occupant based on their actual consumption.
Allocation methods:
- Individual heat meters: each apartment is equipped with a meter that measures actual consumption. This is the most equitable method.
- Radiator allocators: devices placed on each radiator measure the heat emitted. A specialised service provider reads the data and establishes the allocation.
- Fixed share (co-ownership shares): in the absence of meters, consumption is allocated according to co-ownership shares, which can disadvantage certain occupants.
The tenant’s share of collective heating charges is included in the annual charges settlement that the landlord must provide. The tenant can demand supporting documents (energy supplier invoices, meter readings).
Maintenance and repairs: the boundary between tenant and landlord
The distinction between tenant maintenance and major repairs is essential to determine who pays:
Tenant repairs (tenant):
- Radiator bleeding
- Filter and seal replacement
- Flushing of circuits (routine maintenance)
- Thermostat adjustment and programming
Major repairs (landlord):
- Boiler replacement (average lifespan: 15-20 years)
- Circulator or expansion vessel replacement
- Plate heat exchanger replacement
- Installation of new controls
In case of disagreement on the nature of the repair, the tenant can refer the matter to the justice of the peace, which will decide based on Article 1754 of the former Civil Code and local customs. It is strongly recommended to detail in the lease the list of tenant repairs related to heating to avoid any dispute.
Heating charges must be clearly integrated into the provisions on charges system or the flat rate agreed between the parties.