Renting a home in Brussels: the main-residence lease

Which lease are we talking about?

The Code’s main-residence regime applies when two conditions are met: the property is where the tenant sets up their main residence, and the landlord agrees to that use (expressly in the contract, or implicitly by knowing it and not objecting). Being formally registered at the address is not required for the regime to apply, although it is useful proof. A clause forbidding the tenant to register their domicile at the address is void.

A landlord cannot escape the regime with a stock phrase such as “let as a secondary residence”. Such a clause only works if it gives a serious reason and states the address where the tenant has their main residence elsewhere.

Other lease types exist: student leases, shared-tenancy (colocation) leases, “sliding” leases granted to approved bodies that sublet to people in difficulty, and ordinary common-law leases. This guide covers the standard main-residence lease, the one most expatriates sign.

Duration

• Nine years (default). Applies to any main-residence lease without a valid shorter term, including leases signed for a fixed term of three to nine years.
• Short-term lease (three years or less). Can be extended once, in writing, on the same terms, up to three years in total. If neither party gives notice at least three months before the end, the lease continues and is treated as a nine-year lease from the start, on the original terms.
• Long-term lease (over nine years) and lifetime lease are possible, in writing.

After nine years, the lease ends only if one party gives six months’ notice; otherwise it renews for periods of three years. How to give notice, and the indemnities involved, are in Ending a lease and notice periods in Brussels.

What the landlord must tell you before signing

Under art. 217 of the Code, no later than when the lease is concluded, the landlord must give you:

• the exact description and address of the property;
• the rent, excluding private and common charges;
• whether there are individual water, gas and electricity meters;
• the list and amount of charges, and whether they are actual costs (with advances) or a fixed sum;
• the EPB energy certificate (see The EPB energy certificate in Brussels);
• how the building is managed (syndic or not).

For leases signed or renewed from 1 November 2024, the landlord must also state the habitable floor area, the reference rent, and, for short-term leases, the type of lease and the amount and date of the last rent charged to the previous tenant. A failure can lead to termination of the lease with damages, or an administrative fine imposed by the regional housing inspectorate.

A landlord may only ask a candidate for limited information: identity, contact details, the amount of resources (the source of the income cannot be taken into account), household size, and, to draft the lease, proof of identity and civil status. Requests beyond that list are not allowed.

Rent and reference rent

Rent is in principle freely set on the private market. The Region provides an indicative grid, the reference rent (tool: loyers.brussels). It is not binding, but it must be stated in the lease, and a rent more than 20% above it is presumed excessive unless substantial comfort features justify it. Since 1 May 2025 (art. 224/1), a tenant may ask for a review of an excessive rent, and the Joint Rental Commission can give a non-binding opinion before the Justice of the Peace is seized.

Annual indexation and triennial revision are explained in Rent indexation in Brussels. The landlord cannot charge you the fees of a third party (such as an estate agent) unless you hired that party yourself.

What goes with the contract

• An explanatory annex published by the Region must be attached.
• The contract is made in as many originals as there are parties, plus one for registration.
• The lease must be registered, free of charge, within two months.
• An entry inventory of fixtures must be drawn up before you move in or within the first month.
• A rental deposit is not compulsory unless the contract provides one, and is capped at two months’ rent.
• Since 1 November 2024, a tenant must take out fire and water-damage insurance before moving in and prove payment each year.

A pet ban without conditions is not valid for leases signed from 1 November 2024; the lease may set conditions (no nuisance, limits on number or species).

Repairs and charges

The tenant handles minor upkeep and tenant repairs (for example the boiler’s periodic servicing, chimney sweeping, replacing bulbs); the landlord handles everything else needed for normal use (replacing a defective boiler, roof repairs, wear and tear). The parties cannot change this split. For leases signed from 1 November 2024, charges must correspond to real expenses unless the lease expressly sets a fixed sum, and the landlord issues a separate statement within 12 months of the lease anniversary, with supporting documents.

Renting elsewhere in Belgium

Leases are regional. In Wallonia, the Walloon Housing Decree also deems a main-residence lease concluded for nine years and caps the deposit at two months’ rent; Flanders has its own housing-lease decree, so do not assume Brussels rules apply to a home outside the Region.

Which professional to consult

• A lawyer specialised in housing law, or the Justice of the Peace’s office for a dispute.
• A surveyor for an inventory of fixtures or a floor-area measurement.
• An estate agent if the lease is negotiated through an agency.
• A bailiff to serve formal notices.