Rental charges
in Belgium
What are "rental charges"?
Rental charges are expenses related to the rental of a dwelling that the tenant must pay in addition to the rent. They include
- Charges related to the use of the dwelling or building: water, heating, gas, electricity, elevator, maintenance of common areas, etc.
- Private charges: those linked to the tenant’s own consumption and common charges linked to the building or condominium.
- Taxes or user charges, for example: household waste, chimney sweeping, maintenance of common areas, which may be passed on to the tenant.
There are two ways of determining the amount of the charges:
- flat-rate (a fixed monthly or annual amount) ;
- to the provision, followed by an adjustment based on actual expenditure.
The lessor must be able to provide a statement of charges. This report details the expenses, their nature, the quantity or the share charged to the tenant, and the supporting documents.
What is the split between lessee and lessor?
When renting, it’s essential to clarify who pays what charges or repairs. Here’s a general overview:
At the tenant’s expense. The tenant is normally responsible for :
- Personal consumption of heating, gas, water and electricity.
- Routine maintenance and repairs: light bulbs, detector batteries, chimney sweeping, sink unclogging, cleaning, small jobs.
- Your share of common charges, such as maintenance of common areas, communal lighting, elevators and green spaces, if stipulated in the lease.
At the lessor’s expense. The lessor is responsible for :
- Major repairs, building structure, normal wear and tear, obsolescence.
- Charges that cannot legally be passed on to the tenant, such as withholding tax or real estate agency fees in certain cases.
- Drawing up a statement of charges, providing receipts, and adjusting provisions or maintaining the flat rate.
Table of expenses between lessee and lessor
| Type of expenditure | Lessee | Lessor |
|---|---|---|
| Private consumption (water, gas, electricity) | ✅ Yes | – |
| Routine maintenance / minor repairs | ✅ Yes | – |
| Maintenance of common areas / green spaces | ✅ Yes, if provided for in the lease | – or partial |
| Major works / structural / obsolescence | – | ✅ Yes |
| Property taxes / withholding tax | – (not allowed to be paid by the tenant) | ✅ Yes |
| Real estate agency fees | – (often prohibited) | ✅ Yes |
Please note: In the case of common areas, the lease must specify the list of charges to be borne by the tenant and how they are to be apportioned (allocation key). For example, in the Brussels-Capital region, since November 1, 2024, the charges to be borne by the tenant must be listed exhaustively in the lease contract for Brussels.
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How often is the service charge statement drawn up?
The law does not specify a frequency of charges that the lessor must submit to the owner. In general, leases are drafted in such a way that accounts are drawn up on an annual basis. If the tenant makes monthly payments, at the end of the year the charges must correspond to the actual expenditure, and an adjustment in favor of the lessor or the tenant may be envisaged.
Can I be reimbursed for an advance on charges?
Article 1728ter of the French Civil Code stipulates that the lessor must reimburse any excess provisions for charges he has collected, upon simple written request from the lessee. All lease contracts are drafted in this way, and there are no specific cases to the contrary.
In most cases, leases stipulate an automatic adjustment of charges in both directions, thus avoiding misunderstandings. That’s why it’s important to check that your lease includes the following clause: “On receipt of the statement of charges, the lessor or lessee will immediately pay the other party the difference between the provisions paid and the actual charges”.
Please note: Provisions may be adjusted within 5 years of the last payment.
Is it possible to increase the provision for charges during the lease term?
It all depends on the type of lease. An increase in the provision may be made during the term of the lease if this was mentioned when the lease was signed. The amount can be revised according to actual expenditure based on the previous year. To avoid the hassle of year-end service charge reminders, the landlord can offer a monthly service charge adjustment.
Can the landlord take the adjustment from my rental guarantee?
The extent of the rental guarantee varies from one lease to another. In theory, the landlord can take responsibility for regularizing the charges with the
- Damage to the rental property ;
- Unpaid or partially paid rent;
- Adjustment of charges or charges not paid by the tenant.
In conclusion, the Civil Code provides a legal framework to ensure that neither the lessee nor the lessor find themselves in uncomfortable situations. However, it’s important to bear in mind that the most important thing is the lease that has been drawn up.
That’s why you need to be particularly careful when reading and signing the lease. This avoids many complications later on.
If you have any questions about the lease, don’t hesitate to ask us to explain them to you. Depending on the situation, compromises between lessor and lessee can be envisaged to bring everyone to an agreement. In this case, it goes without saying that a new lease will have to be drawn up and signed jointly.
Practical points for tenants and landlords
Practical advice for tenants
- Check that the lease contract clearly states the charges and how they are calculated (flat-rate or advance).
- Ask for the latest service charge statement and supporting documents: invoices, meter readings. The landlord is obliged to provide them.
- Be aware of charges that cannot be legally charged to the tenant (e.g. withholding tax).
- If charges are paid “in advance”, keep an eye on the annual adjustment and check that you are not paying unduly.
Practical advice for lessors
- When you sign the lease, draw up a clear, detailed list of the charges to be paid by the tenant, a distribution key (if shared charges), and specify the frequency of adjustment.
- Keep all the invoices and supporting documents you need to draw up a clear breakdown of charges: description, unit price, quantity, portion charged to the tenant.
- If you pay by the lump-sum method, please note that you cannot request a top-up if the lump-sum is insufficient (except in the case of special provisions or legal recourse).
