Historically, the rules for residential leases were contained in the Federal Residential Lease Act. Since the sixth state reform (dated 11 October 2011), the subject matter of residential lease law has been regionalised. Consequently, the three Regions (ie Flemish Region, Walloon Region and Brussels Region) have adopted their own rules on residential leases. As a result, there are now three different regimes regulating residential leases in Belgium.
For each of the three different regimes, the rules are mandatory, meaning that parties cannot contractually deviate from the legal provisions.
The Flemish Residential Housing Code of 9 November 2018 (Decreet houdende bepalingen betreffende de huur van voor bewoning bestemde goederen of delen ervan/Décret contenant des dispositions relatives à la location de biens destinés à l'habitation ou de parties de ceux-ci) (published in the Belgian Official State Gazette on 7 December 2018) entered into force on 1 January 2019.
It applies to residential leases concluded after 1 January 2019. The Federal Residential Lease Act continues to apply in full to residential leases concluded before 1 January 2019.
The Walloon Residential Housing Code of 15 March 2018 (het Decreet betreffende de woninghuurovereenkomst/Décret relatif au bail d'habitation) entered into force on 1 September 2018.
It applies immediately to both existing residential leases and to residential leases which are concluded after its entry into force date on 1 September 2018. However, it does not apply to provisions regulating the following subjects: the minimum content of the written agreement, the fire insurance scheme, the possibility of cancelling short-term rentals and the rules on co-tenancy and student accommodation. For these provisions, the Federal Residential Lease Act continues to apply in full to residential leases concluded before 1 September 2018.
The Brussels Residential Housing Code of 27 July 2017 (de Ordonnantie houdende de regionalisering van woninghuurovereenkomst/Ordonnance visant la régionalisation du bail d'habitation) entered into force on 1 January 2018. It has been integrated into the pre-existing Brussels Housing Code of 17 July 2003.
Most of its provisions are only applicable on residential lease contracts which are concluded after the entry into force date, however, some of its provisions are already applicable on ongoing residential lease contracts.
Last modified 1 May 2025
The regional housing Codes include specific provisions for the specific categories of residential leases (ie with respect to main residence, student leases, co-tenancy lease agreements):
Last modified 1 May 2025
Yes. The same rule applies in each of the three Regions.
A residential lease contract is in principle entered into for nine years by the parties. However, it is also possible to enter into a residential lease contract of ‘short duration’ ie for a duration less than or equal to three years. If this type of lease is not timely terminated by one of the parties (ie three months before the end of the term stipulated in the contract), then the contract is nevertheless deemed to have been entered into for nine years (ie one reverts back to the general rule). The parties are also free to conclude a written residential lease contract for a duration of more than nine years.
Last modified 1 May 2025
Yes, this is possible in each of the three Regions. Please note that the Walloon Region and the Brussels-Capital Region have adopted an indicative rent scale to which the parties may refer.
In the three regions, a higher rent can only be requested by indexation or by a revision of the rent. The revision of the rent is possible if the normal rental value of the property has increased in the meantime by at least 20% as a result of new circumstances or by at least 10% as a result of work in the leased property.
The Brussels Residential Housing Code also provides that the rent is presumed abusive in case (i) it exceeds the reference rent by 20%. This presumption may be overturned when it is established that the difference between the rent charged and the reference rent is justified by substantial elements of comfort intrinsic to the accommodation or its environment; or (ii) does not exceed 20% of its reference rent but that it has substantial quality defects intrinsic to the accommodation or its environment.
Last modified 1 May 2025
Indexation of rent is expressly regulated in each of the three Regions. The same rule applies in every Region.
Landlords can only index the rent based on the cost of living according to the Health Index published by StatBel. If (i) indexation is not expressly excluded and on condition that (ii) the residential lease agreement is concluded in writing, the adjustment of the rental price to the cost of living shall be (iii) due once per rental year, on the anniversary of the entry into force of the residential lease agreement. Further, the indexation does not occur automatically and is shall only be applied at the written notice from the landlord to the tenant. Indexation can only be applied retroactively for a maximum of three months prior to the notice.
In 2022, each of the three Regions introduced a mechanism which temporarily limits the indexation of residential leases due to the energy crisis and the extraordinary increase in inflation. Such mechanisms are based on the score of the EPB certificate of the leased premises. However, this limitation on indexation has expired and landlords may apply the normal indexation.
Last modified 1 May 2025
Similar rules apply in each of the three Regions, with a few differences:
The same rule applies in the three Regions. For a residential lease contract of which the duration is longer than nine years, the landlord can give notice of termination at the end of the third three-year period or at the end of a subsequent three-year period and must pay a compensation of three months’ rent.
The landlord must give notice of termination of the residential lease contract at least six months before the end date (ie at the end of the nine-year period) of the residential lease contract.
The landlord can also terminate the residential lease contract when the first or second three-year period has elapsed, in which case a compensation (but no motivation) is due to the tenant.
Parties cannot agree in writing to restrict or exclude this possibility in the residential lease contract.
If the landlord himself wishes to occupy the leased premises, the latter may give notice of termination of the residential lease contract at all times, respecting a notice period of six months.
If the landlord’s direct family (eg children, wife, husband) wishes to occupy the leased premises, the landlord can again give notice of termination of the residential lease contract, respecting a notice period of six months, but the notice period cannot be shorter than the first three-year period of the residential lease contract. This means in practice that the landlord cannot force the tenant to leave the leased premises before the end of the first three-year period of the residential lease contract.
With respect to distant family members (eg third-degree relatives, ie uncle or aunt), the landlord can again give notice of termination of the residential lease contract, respecting a notice period of six months, but the notice period cannot be shorter than the first three-year period of the residential lease contract. This means in practice that the landlord cannot force its tenant to leave the leased premises before the end of the first three-year period of the residential lease contract.
If the landlord himself or his close family (eg children, wife, husband) wishes to occupy the leased premises, the landlord can give notice of termination of the residential lease contract at all times, respecting a notice period of six months.
For more distant family members (eg third-degree relatives, ie uncle or aunt), the landlord can again give notice of termination of the residential lease contract, respecting a notice period of six months, but the notice period cannot be shorter than the first three-year period of the residential lease contract. This means in practice that a landlord cannot force its tenant to leave the leased premises before the end of the first three-year period of the residential lease contract.
The parties can also agree in writing to restrict or exclude this possibility in the residential lease contract.
Subject to specific conditions, the landlord may terminate at any time a residential lease with six months’ advance notice to the tenant for significant renovations. However, the notice period cannot be shorter than the first three-year period of the residential lease contract. This means in practice that a landlord cannot force its tenant to leave the leased premises before the end of the first three-year period of the residential lease.
Subject to specific conditions, the landlord may terminate the residential lease contract at the end of the first or second three-year period, subject to a notice period of six months.
Parties can agree in writing to restrict or exclude this possibility in the residential lease contract.
Different rules apply in the three Regions.
The landlord may terminate the residential lease contract after the first year of the residential lease, subject to a notice period of three months and a compensation of one month.
Parties cannot agree in writing to restrict or exclude this possibility in the residential lease contract.
Last modified 1 May 2025
The same rule applies in the three Regions. For a residential lease contract of which the duration is longer than nine years, the tenant can terminate the residential lease contract at all times in which case the landlord is entitled to a compensation of three months' rent.
The same rule applies in the three Regions. The tenant can terminate the residential lease contract at any time, subject to a notice period of three months. During the first three-year period, the landlord is entitled to a compensation of 3/2/1 months’ rent, according to in which year the notice of termination was given.
Different rules apply in the three Regions.
The tenant can terminate the residential lease contract at any time, subject to a notice period of three months and a compensation to the landlord. The compensation is equal to: 1.5 months’/ one months’/0.5 months’ rent, depending on whether the residential lease contract ends during the first, second or third year.
Subject to three months' notice, the tenant may terminate the lease at any time. In this case, the tenant is entitled to compensation equal to three months' rent.
The tenant may terminate a residential lease contract with a term longer than six months at any time with three months’ notice and a compensation of one months’ rent. The lease for a term of less than six months shall expire on the expiry of the agreed term. The parties cannot restrict or exclude this possibility in the residential lease contract.
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The procedure is the same in the three Regions.
The landlord must file a claim with the competent Peace Court and request to have the tenant removed from the property. In case the justice of the peace orders the eviction, the tenant has one month to leave the property. The period of one month starts from the service (official notification) of the judgment by the judicial officer.
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Either party may request the revision of fixed costs and charges into actual costs at any time.
Property tax cannot be charged to the tenant.
Last modified 1 May 2025
The same rule applies in the three Regions.
The obligation to register the residential lease contract rests with the landlord. The costs associated with any late registration shall be borne entirely by the landlord.
The registration is free of charge.
Last modified 1 May 2025
The Brussels-Capital Parliament approved the introduction of a preferential right for tenants on 19 September 2023. Such preferential right applies as of 1 January 2024. Consequently, tenants whose rental property is offered for sale will benefit for a preferential right. In other words, the tenant will have the opportunity to be the first to purchase the leased property. This only applies to nine-year lease agreements.
Last modified 1 May 2025
Is indexation of rent limited or not allowed at all?
Indexation of rent is expressly regulated in each of the three Regions. The same rule applies in every Region.
Landlords can only index the rent based on the cost of living according to the Health Index published by StatBel. If (i) indexation is not expressly excluded and on condition that (ii) the residential lease agreement is concluded in writing, the adjustment of the rental price to the cost of living shall be (iii) due once per rental year, on the anniversary of the entry into force of the residential lease agreement. Further, the indexation does not occur automatically and is shall only be applied at the written notice from the landlord to the tenant. Indexation can only be applied retroactively for a maximum of three months prior to the notice.
In 2022, each of the three Regions introduced a mechanism which temporarily limits the indexation of residential leases due to the energy crisis and the extraordinary increase in inflation. Such mechanisms are based on the score of the EPB certificate of the leased premises. However, this limitation on indexation has expired and landlords may apply the normal indexation.
Last modified 1 May 2025