Civil Liability of Landlord and Tenant in Belgium

A water leak flooding the downstairs neighbour's flat. A roof tile flying off and smashing the windscreen of a car parked outside the building. A fire starting in the living room and gutting the entire floor.

In these moments, one question demands an answer: who pays? The answer depends on a distinction that many Belgians still confuse — the difference between the civil liability of the landlord and that of the tenant.

In Belgium, property law allocates obligations between landlord and tenant in a very precise, if not always obvious, way.

The landlord: liable for the structure

As a landlord, your civil liability as a property owner concerns the building itself. Specifically, Article 1719 of the Civil Code obliges you to deliver the property in good condition and to maintain it throughout the duration of the lease.

Hidden defects, construction faults and damage attributable to wear and tear remain your responsibility. If the roof has been rotting for ten years and collapses, you are liable — even if it is the tenant who lives underneath.

Likewise, if a fixed element of the building causes damage to a third party — a crumbling façade, a poorly secured gutter that injures a passer-by — Article 1386 of the Civil Code applies: the owner is presumed liable for damage caused by the ruin of their building.

The tenant: liable for use

On the tenant's side, Article 1732 of the Civil Code establishes the basic principle: you are presumed liable for damage occurring during the tenancy, unless you can prove it was not your fault.

In practice, this covers everything resulting from your use of the property:

• A leak caused by a badly replaced seal
• A fire caused by a forgotten candle
• A broken window

A word of caution: the presumption operates against you. It is therefore for you to prove that the damage existed before you moved in (hence the importance of a detailed entry condition report) or that it resulted from an event of force majeure.

The grey area: works and tenant repairs

There is a category of repairs that the law classifies as "tenant repairs" — the minor routine maintenance that the tenant must carry out. However, since the 2014 regionalisation, the precise list varies by region.

In Wallonia, the Decree of 15 March 2018 specifies that urgent repairs cannot be charged to the tenant if they result from wear and tear or a hidden defect.

In Brussels, the Ordinance of 27 July 2017 follows a similar logic.

In Flanders, the Vlaams Woninghuurdecreet of 2018 also sets out these obligations in detail. To better understand the overall legal framework, consult the Belgian Civil Code and its key articles.

Here is a reality that surprises many tenants: in Belgium, fire insurance for tenants is not required by federal law in every case. In practice, however, it has become virtually indispensable for covering your civil liability.

Tenant liability insurance: compulsory in all three regions

Since the regional legislation of 2017 and 2018, a tenant of a residential property is legally required to take out insurance covering their rental liability.

In practice:

• Wallonia (Decree of 15 March 2018): the tenant must be covered against fire risks for the duration of the lease
• Brussels (Ordinance of 27 July 2017): the same obligation applies, with the possibility for the landlord to take out the insurance themselves and pass the cost on to the tenant in the rent if the tenant fails to do so
• Flanders (Vlaams Woninghuurdecreet of 24 October 2018): the landlord may require proof of fire insurance

In practice, this cover costs between €80 and €200 per year depending on the size of the property, the insured value of the contents and the insurer. A small price to pay for protection against a loss that can run to several tens of thousands of euros.

The landlord's insurance: building owner liability

For landlords, no federal law formally requires property owner civil liability insurance. But going without building owner liability cover is playing with fire — both literally and figuratively.

This insurance covers your liability as an owner for damage caused by the building to third parties:

• A tenant injured by a defective handrail
• A neighbour suffering water damage originating from your building
• A passer-by struck by an object falling from your façade

Average cost: between €150 and €400 per year for a standard flat, depending on the rebuilding value of the property.

For disputes relating to insurance or the eviction of a tenant, consult a property law expert on NexLaw. Need legal assistance? Find out about your rights with Pro Deo legal aid.

Despite every precaution, disputes do arise. A landlord who wrongfully withholds the rental deposit. A tenant who denies liability for damage. An insurer who refuses to pay out.

These situations are more common than one might think — and there are clear channels of redress for landlord and tenant civil liability matters.

The Justice of the Peace: your first port of call

In Belgium, disputes between landlords and tenants fall almost exclusively within the jurisdiction of the Justice of the Peace, regardless of the value of the claim. This is the local court of choice for property disputes.

The procedure is relatively straightforward and inexpensive — the bailiff's fees for a direct summons typically amount to €150 to €300.

The Justice of the Peace rules on matters including:

• The return of the rental deposit
• Repairs not carried out by the landlord
• Damage attributed to the tenant at the end of the lease
• Disputes over service charges and advance payments

Conciliation proceedings: compulsory before going to court?

Since the judicial reform, an attempt at conciliation is no longer formally required before commencing proceedings. In practice, however, many Justices of the Peace strongly encourage it, and it is often the quickest solution.

A successful conciliation before the Justice of the Peace results in a conciliation record — an enforceable title carrying the same weight as a judgment.

When should you instruct a lawyer?

For minor disputes (below €5,000), you may appear before the Justice of the Peace without legal representation. Beyond that threshold, or as soon as the situation becomes more complex (disputed liability, contradictory expert assessments, multiple parties involved), the assistance of a lawyer specialising in property law becomes essential.

In practice, a lawyer can:

• Assess the strength of your case before commencing proceedings
• Draft a formal notice that often prompts the other party to negotiate
• Represent you in court and cross-examine experts
• Help you enforce a judgment if the other party fails to comply

If your financial means are limited, Pro Deo legal aid may cover your defence.

Limitation periods not to be overlooked

A crucial point that is often overlooked: civil liability claims are subject to a 10-year limitation period under the general law (Article 2262bis of the Civil Code). However, for actions arising from the lease itself, the period is often considerably shorter.

For insurance matters, the action is subject to a 3-year limitation period running from the event giving rise to the loss (Insurance Code, Article 88). Once this period has elapsed, any claim becomes impossible — even if you are right on the merits.