Drafting a rental agreement in Belgium: mandatory particulars and pitfalls

Drafting a rental agreement in Belgium takes more than filling in a template: a well-drafted residential lease prevents most landlord-tenant disputes. In Brussels and in Flanders, the law also imposes mandatory particulars, annexes and formalities, and some clauses are prohibited or deemed unwritten, meaning they have no effect. This article explains what a residential rental agreement must contain, which pitfalls to avoid and what needs to happen after signing.

This article covers residential leases in the Brussels-Capital Region and the Flemish Region. A property in Wallonia is subject to its own rules, which are not discussed here.

Rental agreement in Belgium: which type of lease?

• Residential lease for the tenant’s main residence: governed in Brussels by the Brussels Housing Code (Brusselse Huisvestingscode / Code bruxellois du Logement) and in Flanders by the Flemish Residential Lease Decree (Vlaams Woninghuurdecreet).
• Special residential leases, such as student leases and, in Brussels, co-tenancy (flat-sharing) among others, each with their own rules.
• Commercial lease, for premises in which the tenant runs a retail business. More about commercial leases.
• Ordinary lease under the general law of lease, for anything not covered by a specific regime, such as a garage rented separately or an office.

The classification matters: it determines the term, the options for giving notice and the protection afforded to the tenant. Student leases follow specific rules in both regions, in particular on the term and on termination. In such cases, use a tailored contract; the rest of this article deals with the standard residential lease.

Before signing: information for the prospective tenant

In Brussels, the landlord must inform the prospective tenant in advance of, among other things, the rent, the costs and charges and the energy performance certificate (EPC / certificat PEB). Since the reform that entered into force on 1 November 2024, this also includes, among other things, the habitable floor area and the reference rent. A landlord who fails to comply risks an administrative fine.

In Flanders, every advertisement for a property to let must state the key data from the energy performance certificate.

Mandatory particulars in the rental agreement

A residential lease must be drawn up in writing and, in both regions, must state among other things:

• the identity of all parties;
• the start date and the term;
• a description of the let property, including all rooms and parts;
• the amount of the rent;
• the costs and charges, and how they are calculated.

In Brussels, the lease must also state, among other things, the reference rent alongside the actual rent; for leases concluded or renewed since 1 November 2024, it must also state the key for apportioning the charges with the necessary explanation, and the bank account number to which the rent must be paid (Articles 224/3 and 225/2 of the Brussels Housing Code). In Flanders, the lease refers to the explanatory note (vulgariserende toelichting) issued by the Flemish Government (Article 8 of the Flemish Residential Lease Decree); in Brussels, an explanatory annex is attached to the lease.

The annexes to the lease

• the check-in inventory report (plaatsbeschrijving / état des lieux), drawn up jointly by both parties; more about the inventory report;
• the energy performance certificate of the property;
• in Brussels: the explanatory annex.

The inventory report is drawn up jointly by both parties and at shared cost, while the property is still vacant or during the first month of occupation. If there is none, the tenant is in principle presumed to have received the property in the condition in which it is found at the end of the lease. For the landlord, a detailed inventory report is therefore the best evidence of any later damage caused by the tenant.

Term, deposit and payment

Unless otherwise agreed, a residential lease runs for nine years. A short-term lease of no more than three years is possible, but must be in writing. It can only be extended in writing and on the same terms, and the total term may never exceed three years; in both regions, a short-term lease can moreover be extended only once (Article 21 of the Flemish Residential Lease Decree; Article 238 of the Brussels Housing Code, since 1 November 2024).

A short-term lease does not end automatically: notice must be given at least three months before it expires. If no notice is given, or if the tenant stays on after expiry without objection from the landlord, the lease is deemed to have been concluded for nine years, running from the start date. More about notice given by the landlord.

In Brussels, for leases concluded or renewed since 1 November 2024, the rental deposit (huurwaarborg / garantie locative) is capped at two months’ rent (Article 248 of the Brussels Housing Code). In Flanders, the deposit is capped at three months’ rent. Agree that the rent and charges will be paid by bank transfer, so that every payment can be proven. More about the rental deposit.

Prohibited and risky clauses in a rental agreement

• Property withholding tax (onroerende voorheffing / précompte immobilier): it may not be charged to the tenant, either in Brussels or in Flanders. In Brussels, at the request of a tenant entitled to a reduction of this tax, the landlord must also apply for that reduction and pass it on to the tenant.
• Penalty clause for late payment: in Brussels, any clause imposing a fixed-sum penalty for late payment of rent is prohibited, without prejudice to statutory interest.
• Pets: in Brussels, a general ban on pets is deemed unwritten. The lease may, however, impose conditions, such as the absence of nuisance, and limit the number or species of animals for reasonable grounds.
• Registered address: in Brussels, the landlord may not prohibit the tenant from registering their official address (domicile) at the property.
• Sale of the property: a clause allowing the tenant to be evicted if the property is sold is deemed unwritten in Brussels.

A clause deemed unwritten has no effect, but the rest of the lease remains valid. Have an existing template checked before using it: older standard contracts often still contain clauses that have since been prohibited.

After signing: registration and insurance

The landlord must have the lease and the inventory report registered. In Flanders, this must be done within two months; the costs of late registration are borne by the landlord. As long as the lease has not been registered, the tenant is also not bound by the usual notice period and termination compensation. More about notice given by the tenant.

In Brussels, the registration of residential leases became a regional matter on 1 January 2025 under the ordinance of 25 April 2024, with a dedicated regional platform (Irisrent). According to the Region’s instructions, the lease must now also be registered via the federal MyRent platform; check the current procedure before registering. Without registration, a Brussels landlord cannot index the rent.

In Flanders, tenant and landlord must each insure their liability for fire and water damage. In Brussels, for leases concluded or renewed since 1 November 2024, the tenant takes out fire and water damage insurance before moving in, unless otherwise agreed, and provides proof of payment of the premium every year (Article 220/1 of the Brussels Housing Code).

What about commercial leases?

Commercial leases are subject to different, mandatory rules. A commercial lease runs for at least nine years, and the tenant may request up to three renewals of nine years each, subject to strict deadlines and formal requirements. A clause departing from these rules to the tenant’s detriment therefore offers the landlord little certainty.

Frequently asked questions

Can I use a standard template?

The Brussels-Capital Region and the Flemish authorities provide model contracts. A template is a good starting point, but it is no substitute for a contract tailored to the property and to what the parties have agreed.

Can the rent be set freely?

In principle, yes, but in Brussels the landlord may not charge an unreasonable rent. Rent that is more than twenty per cent above the reference rent, or rent for a property with substantial quality defects, is presumed to be unreasonable. The tenant can then request a review, through the joint rent commission (paritaire huurcommissie / commission paritaire locative) or the justice of the peace (vrederechter / juge de paix).

Is an oral lease valid?

An oral lease is in principle still valid, but the law requires the parties to put it in writing. In Flanders, if a formal notice (ingebrekestelling / mise en demeure) has had no result within eight days, one party can ask the court to compel the other to sign a written agreement. A short-term lease that was not concluded in writing is treated as a nine-year lease.

Can the landlord index the rent?

Yes, if the lease is in writing and does not expressly exclude indexation. The adjustment can be made at most once a year, on the anniversary of the date the lease took effect, and upon written request. In Brussels, the lease must also have been registered.

How Novex Advocaten can help

We draft tailor-made rental agreements for landlords, review existing contracts for tenants and landlords, and act in disputes before the justice of the peace. See also our article on rent indexation and our overview of tenancy law in Belgium.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.