It’s fair to say that Belgium has a reputation for have a society steeped in bureaucracy, regulation, and legal complexity. This is, don’t forget, a country where it was recently possible to incur fines for playing music off-key in Leuven or for not reporting the presence of certain types of caterpillars in Arendonk.
Yes, really.
So, it’s no surprise that, when it comes to the maintenance of rental properties, things can seem a little complicated. This isn’t helped by the three major Belgian regions, Flanders, Wallonia, and the Brussels-Capital, all having their own, distinct frameworks and guidelines. With some clear differences in requirements between regions.
'These regional decrees can be a very expensive surprise to unwary tenants, especially when it’s time to leave. By not fulfilling your maintenance obligations, you will be legally and financially liable to make good any damages which the landlord finds on your departure.'
Guiding Principles
Whilst there are variances, there are also some foundational ideas, which underpin all three regions. These are best defined as the renter is responsible for the day-to-day maintenance and minor repairs of the property, whilst the landlord ensures it remains fit for purpose.
There is also a requirement that tenants must treat the property “as a prudent person,” so do not misuse or wilfully damage the property or its contents.
Tenant Obligations in Practice
Whilst it’s important to know the theory, practical examples are more useful. Here are some common areas where the tenant will hold legal responsibility for maintenance and repair:
- Cleaning and general hygiene
- Maintaining the good functioning of installations including taps, seals, and filters
- Replacing small consumables such as light bulbs or fuses
- Boiler servicing
- Chimney cleaning
- Garden upkeep including mowing lawns and trimming hedges
This category is often referred to as “minor repairs.” In Flanders, the law explicitly states that tenants must handle small repairs and maintenance resulting from normal use.
Additionally, as indicated previously, tenants will also be responsible for any issues within the property arising from negligence, improper use of the property, and/ or the failure to report issues in a timely fashion. This last point stems from a key obligation across all regions being the duty to inform the landlord about necessary repairs. Failing to fulfil this obligation can shift the liability of resolution of a major issue from the landlord to the tenant.
Landlord Responsibilities
On the other side of the agreement, landlords are responsible for all major repairs necessary to keep the property habitable, including:
- Roof repairs
- Structural issues (walls, foundations)
- Replacement of defective systems including items like boilers, and heating
- Plumbing and drainage systems
- Repairs caused by ageing or wear and tear
These obligations apply for the whole term of any rental agreement.
Additionally, each Belgian region enforces minimum housing standards relating to:
- Safety including fire hazards, structural integrity
- Health such as ventilation, and absence of mould and damp
- Access to basic facilities including water, and electricity
A property that fails to meet these standards may be considered unfit for rental, and the landlord may face stiff penalties.
Why do these distinctions matter?
These regional decrees can be a very expensive surprise to unwary tenants, especially when it’s time to leave. By not fulfilling your maintenance obligations, you will be legally and financially liable to make good any damages which the landlord finds on your departure.
With many landlords seeking references from future landlords, any oversight of your responsibilities may have an impact on your ability to get a home in future.
This makes an understanding of, and commitment to, upholding your obligations a must have for all tenants in Belgium.
How do the Regions differ?
Whilst the foundations remain similar, the emphasis and how they are expressed do differ. Key differences include:
- Flanders – There are clear definitions in the Flanders region for items such as what constitutes a minor repair. The decree also focusses on the tenant’s duty of care and their obligation to report issues promptly
- Brussels-Capital Region – there is a strong focus on habitability and compliance, with recent updates strengthening habitability requirements and tenant protection mechanisms.
- Wallonia – This region is notable for more detailed regulatory lists, clarifying responsibilities in specific situations.
Strong, but still imperfect
Even though all regions have extensive, and often granular documentation of their rules, they are far from perfect. There are some common areas which exist which cause issues for tenants and landlords alike, this includes:
- Appliance repairs (tenant vs. landlord responsibility)
- Damage classification (wear and tear vs. negligence)
- Garden maintenance
- Costs of repairs
The resolution of these disputes often hinges on the inventory report during move-in, evidence of proper maintenance and timely communication. It is therefore best practice for tenants to document all maintenance work completed and any costs incurred, just in case. Doing so is the simplest way avoid difficult conversations and extra costs when it’s time for you to move on.
Where can you find additional information?
Each region publishes their up-to-date guidance and frameworks online; you may find them here:
Brussels (https://be.brussels/en/housing/rental/lease-contracts/division-repairs-between-tenant-and-landlord)
Wallonia (https://logement.wallonie.be/fr/bail/type-bail-residence-principale)
If you’re an expat or are new to Belgium and need some help with this or any other area of renting, an ABRA member Relocation Agent can help. You’ll find a list of them here, if you’re confused or unsure of what you should and shouldn’t be doing, they can help.
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