Tenant Rights in Belgium: Brussels, Wallonia & Flanders Guide 2026

Tenant Rights in Belgium: A Regional System

Since the Sixth State Reform (2014), housing and rental law in Belgium has been regionalized. This means that tenant rights differ depending on whether your property is located in Brussels-Capital Region, Wallonia, or Flanders. Each region has its own housing code governing residential leases.

The Three Regional Frameworks

• Brussels: Brussels Housing Code (Code bruxellois du Logement), as amended by the Ordonnance of 27 July 2017
• Wallonia: Walloon Housing Code (Code wallon de l'habitation durable), Decree of 15 March 2018
• Flanders: Flemish Housing Rental Decree (Vlaams Woninghuurdecreet), Decree of 9 November 2018

Mandatory Lease Requirements

In all three regions, residential leases must:

• Be in writing (oral leases are valid but expose both parties to legal uncertainty)
• Be registered with the Federal Public Service Finance (SPF Finances) within 2 months of signing — this is the landlord's obligation and is free of charge for residential leases
• Include a detailed description of the property's condition at entry (état des lieux d'entrée)
• Specify the rent amount, charges, and indexation clause

Rental Deposit (Garantie Locative)

The deposit rules vary by region:

• Brussels & Wallonia: Maximum 2 months' rent. Must be placed on an individualized blocked bank account in the tenant's name or guaranteed via a bank guarantee.
• Flanders: Maximum 3 months' rent. Same blocked account requirement.

The landlord may never hold the deposit in their personal account. At the end of the lease, the deposit is released only upon joint agreement or court decision.

Rent Indexation

Annual rent indexation is permitted in all regions, but only if the lease is in writing and registered. The formula uses the health index (indice santé) published by Statbel:

New rent = Base rent x (New index / Base index)

Key rules:

• Indexation can only occur on the anniversary of the lease
• In Brussels, a temporary cap on indexation was applied for energy-inefficient properties (EPC E, F, G) under the Arrêté of 2022; check current regulations for 2026
• In Flanders, similar energy-linked indexation restrictions were introduced
• Indexation is not automatic — the landlord must request it in writing

Repairs and Maintenance

The division of repair responsibilities follows the principle established by the former Article 1720 of the old Civil Code, now reflected in regional codes:

• Tenant: Minor maintenance and repairs due to normal use (réparations locatives) — e.g., replacing light bulbs, maintaining garden, minor plumbing fixes
• Landlord: Structural repairs, roof, heating system, plumbing infrastructure, electrical system, and any repairs caused by normal wear and tear or force majeure

Habitability Standards

All three regions enforce minimum habitability standards. A property must meet requirements for:

• Structural safety and stability
• Adequate natural light and ventilation
• Functioning sanitary facilities (toilet, running water, heating capability)
• Minimum surface area (varies by region, generally 18-28 m2 for a studio)
• Electrical safety (RGIE/AREI compliance certificate)

If a property does not meet these standards, the tenant can request an inspection through the regional housing authority, and the lease may be declared void.

Protection Against Eviction

Belgian law provides strong protections against arbitrary eviction. A landlord cannot evict a tenant without following the legal termination procedures specific to the lease type and region. Even in cases of non-payment, the landlord must obtain a court judgment from the Justice de Paix before any eviction can take place.

DroitAI for Tenant Disputes

DroitAI can help you understand your specific rights based on your region, draft letters to your landlord regarding repair requests or deposit disputes, and provide templates for formal notices. Our AI assistant references the applicable regional housing code for your situation.