Inventory of fixtures in Brussels: entry and exit

The entry inventory

Art. 220 of the Brussels Housing Code makes the entry inventory compulsory. It must be:

• drawn up jointly, in the presence of both parties or their representatives;
• dated and signed by both (an inventory made by one party, or by an expert appointed by one party only, can always be disputed by the other);
• detailed: a stock phrase such as “the building is in good condition and well known to the parties” is not an inventory.

If the home has individual meters, the entry and exit inventories must include the meter readings, the meter numbers and the EAN or other identification codes for water, gas and electricity.

The Region publishes a standard template, drawn up with representatives of tenants and landlords and a professional body of surveyors. It is a checklist of minimum points, not an obligation, and it does not replace the experience of an expert. A badly completed template does not protect against later disputes.

Who draws it up, and who pays

Three options:

1. The tenant and the landlord themselves, free of charge.
2. A neutral expert chosen by agreement, for example a surveyor or an architect. The expert’s fees are shared between the parties.
3. Each party with their own adviser. Each party may bring an expert of their choice, but then pays that expert alone.

If one party ignores the other’s request for an inventory, the other can ask the Justice of the Peace to appoint an expert. After the first month of occupancy, the parties can no longer be forced to do one, because the home is already occupied.

Why the timing matters

A signed entry inventory is the starting point for everything that follows: the rental deposit, repairs, and any charge for damage. It is also one of the documents deposited when the lease is registered. In Brussels the regional platform asks for the signed lease, its annexes and the entry inventory.

If significant changes are made to the property during the lease, either party may require an addendum to the inventory, agreed jointly or, failing agreement, made by an expert appointed by the court.

The exit inventory

At the end of the lease, either party can ask for a joint exit inventory, with costs shared. It is made:

• after the tenant has vacated;
• before the keys are handed to the landlord;
• at the latest within one month of the tenant leaving.

If the parties disagree, the Justice of the Peace can be asked, before the date of key handover, to appoint an expert who will carry out the exit inventory.

The exit inventory compares the home with the entry inventory. It identifies damage attributable to the tenant and, with the lease clauses and the split of repairs between landlord and tenant, the compensation owed.

What happens depending on what was done at the start

• No detailed entry inventory. The tenant is presumed to have received the property in the state in which it is at the end of the lease. The tenant is then not responsible for damage unless the landlord proves that the tenant, a family member or a subtenant caused it.
• Detailed entry inventory. The tenant must return the property in the state in which it was received. Damage not listed must be repaired, except where it comes from wear and tear, force majeure or normal use.

Repairs: who does what

The tenant carries out tenant repairs and minor upkeep (for example servicing the boiler, cleaning joints and filters, replacing bulbs and batteries); the landlord carries out all other repairs needed for normal use, such as replacing a defective boiler or repairing the roof. The parties cannot depart from this split. The tenant remains liable for repairs caused by their own fault.

Tips for an expatriate arriving from abroad

• If you cannot be there on the day, you can send a representative, but the inventory must still be joint and signed.
• Take dated photographs of each room and of the meters, and attach them to the signed document.
• Ask for the exit inventory before returning the keys, and keep proof of the date of handover: it triggers the deposit release deadline.

Which professional to consult

• A surveyor or architect for a neutral, detailed inventory.
• A lawyer or the Justice of the Peace if the parties disagree.
• An estate agent if the agency manages the lease and organises the inventory.