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Real estate expert

An inventory of fixtures is an obligatory process when renting a property in Belgium. The inventory of fixtures of a property is carried out at the beginning and end of the rental agreement, in order to note any damage that may have occurred during the rental period.

The inventory of fixtures is a written document, as detailed as possible. It is used to describe the condition of the leased property as accurately as possible, whether at the start of the lease or at the end of the contract. This mandatory document must be appended to the lease contract and registered by the landlord with the lease.

In Belgium, article 1730 of the Civil Code states that “The parties must draw up a detailed inventory of fixtures jointly and at their own expense”. This document is therefore mandatory in the property rental process.

Other elements are mandatory and must be organized before signing the lease. The two main things the tenant must do before signing the lease are :

– Provide a rental guarantee for the amount specified in the lease contract;

– Take out fire insurance to protect your home.

The validity of an inventory of fixtures depends on compliance with certain rules. To be valid, the inventory of fixtures must be :

1. Contradictory: in the presence of the tenant and the owner or someone representing them);
2. Dated and signed by both parties (tenant and owner) ;
3. Detailed and precise in its wording and in the description of the entire property;
4. Established before the start of the lease or during the first month of occupancy.

The inventory of fixtures is carried out in the presence of both parties to the lease contract. To ensure that the inventory of fixtures runs smoothly, the following steps must be taken:

1. Agree on a date to ensure that the inventory of fixtures is carried out at the right time:
   1. Just before the start of the rental period for the entry inventory of fixtures
   2. Just after the end of the rental period for the inventory of fixtures.
2. Providing all the keys to access all rooms and meters in the rental property (electricity, water, etc.). The meter reading is mentioned on the inventory of fixtures;
3. Using a template to carry out an inventory of fixtures in compliance with current regulations. The use of a template facilitates the inventory of fixtures process. Using an example helps to avoid any irregularities or omissions in the final report.
4. Go through the rental property to write a detailed description of all the rooms without omitting any part of the accommodation;
5. Add photos in order to fully understand the anomalies described in the inventory of fixtures. The photos are dated and indicate their location;
6. Date and sign the final document drawn up by both parties. The more detailed the document is, and the more the parties agree on the wording, the less risk there is of the inventory of fixtures being contested in the future.

The inventory of fixtures is a precise, written description of the condition of the property being rented out. The inventory contains the following information:

• The type of inventory of fixtures, i.e. an entry or exit inventory of fixtures;
• Completion date ;
• Full identity of parties, names and addresses of lessor and lessees;
• The identity of the surveyor or any other person involved in drawing up the inventory of fixtures;
• Description of all the rooms in the rental: description of the condition of the ceiling, windows, walls and floor. Description of electrical and heating installations, furniture, kitchen and bathrooms;
• The number of keys and what they give access to (cellars, doors);
• Reading of individual water or energy consumption meters;
• Signature of both parties (or their representatives).

The “état des lieux d’entrée” (inventory of fixtures) for a property rental is a description of the property at the time the tenant moves in. This detailed report is drawn up just before the landlord hands over the keys at the start of the lease. The entry inventory of fixtures serves as a reference at the start of the lease, and is intended to be compared with the exit inventory of fixtures drawn up at the end of the tenant’s stay.

An inventory of fixtures details the state of the property at the time of the tenant’s departure. It is drawn up just before the tenant hands over the keys. The purpose of the outgoing inventory of fixtures is to compare it with the inventory of fixtures drawn up on the tenant’s arrival. The purpose of this comparison is to identify the damage related to the rental period and to determine the amount of the corresponding financial compensation.

Depending on the length of the lease, the parties must take into account the age of the dwelling and normal wear and tear to determine which repairs will not be charged to the tenant.

The inventory of fixtures can be organized in two different ways:

• It can be carried out by the tenant and the owner together, by mutual agreement.
• It can be carried out in the presence of one or more real estate experts.

An amicable inventory of fixtures has the advantage of being free of charge, as no expert is involved. When the tenant or owner appoints a real estate expert, the expert’s fees are to be shared equally between the two parties.

The two parties can also each appoint a property expert at their own expense if they are unable to reach agreement.

A real estate expert is a certified professional qualified to carry out a real estate appraisal. Real estate appraisers must have a diploma in appraisal or training leading to certification, combined with several years’ experience.

To carry out his real estate appraisal missions, the expert uses his skills in building techniques, his economic knowledge and his legal knowledge to evaluate the property.

The price of a property valuation in Belgium varies from €150 to €450. The price of a property valuation is not fixed by law, and can vary significantly from one expert to another. The price is set by the expert according to the following criteria:

• Type of service (inventory, estimate, provisional acceptance)
• Number of rooms (including bathrooms)
• The presence of a garden

If the property is furnished, the price will be adjusted upwards to take account of the furniture inventory to be carried out.

If only one of the parties has drawn up the inventory of fixtures, the other party can always contest it. It’s very simple to contest an inventory of fixtures carried out independently by the tenant or owner: the person who was not present can send his or her remarks and modifications in writing. Modifications will be studied and potentially added by the parties before signing.

When the tenant and landlord disagree on how to draw up an inventory of fixtures, they can ask the Justice of the Peace to appoint a real estate expert. This legal claim must be lodged during the 1st month of the lease.

The price of an inventory of fixtures depends on how it is organized. There are two main ways of doing an inventory:

• A free inventory of fixtures is possible if it is carried out amicably between the tenant and the landlord. No third parties are involved in the survey, so there are no additional costs;
• The cost of a survey carried out by an expert varies from 150 euros to 450 euros. The price is proportional to the surface area of the property and the number of rooms to be appraised.