Complete Guide

Rental expenses
in Belgium

Water, heat, common areas, annual billing—rental charges are defined in the rental lease. This guide explains what the charges cover, who pays for what, and how to avoid disputes.

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Definition

What are rental charges?

Rental expenses refer to the costs associated with renting a residence that the tenant must pay in addition to rent. They are specified in the rental lease and vary depending on the type of residence and the terms agreed upon by the parties.

Operating Expenses
Water, heat, gas, electricity, elevator, and maintenance of common areas.
Common Area Expenses
The tenant’s own utility usage and common expenses related to the condominium.
Taxes and Fees
Household trash, chimney sweeping, and maintenance of common areas are the tenant’s responsibility.
Flat-Rate Fees
A fixed monthly or annual amount, regardless of actual expenses. The landlord cannot request additional payment if the flat rate is insufficient.
Provision Expenses
A provisional monthly amount, adjusted annually based on actual expenses. The landlord must provide a detailed statement of account.

Breakdown

Who Pays for What? Tenant vs. Landlord

The rental lease must specify the list of charges to be paid by the tenant and how they are allocated. In Brussels, effective November 1, 2024, the charges to be paid by the tenant must be listed exhaustively in the Brussels rental lease.

Nature of the Expenditure
Tenant
Landlord
Utility Bills (water, gas, electricity)
✅ Yes
–
Routine Maintenance / Minor Repairs
✅ Yes
–
Maintenance of Common Areas / Green Spaces
✅ If specified in the lease
Partial
Major renovations / structural work / deterioration
–
✅ Yes
Property Tax Withholding
❌ Prohibited
✅ Yes
Real Estate Agency Fees
❌ Often prohibited
✅ Yes

Frequently asked questions

Settlement, Adjustment, and Guarantee

How often should the utility bill be calculated?

The law does not specify a mandatory frequency, but most leases provide for an annual statement of account. If the tenant pays monthly advance payments, an adjustment is made at the end of the year to align the amounts with actual expenses. The landlord must provide a detailed statement accompanied by supporting documents (invoices, meter readings).

Can you get a refund for an overcharged service fee?

Yes. Article 1728ter of the Civil Code provides that the landlord must refund any excess advance payments received upon simple written request from the tenant. The adjustment works both ways—whether the tenant or the landlord has overpaid or been overpaid.

Make sure your lease includes the following clause: “Upon receipt of the statement of expenses, the landlord or tenant shall immediately pay the other party the difference between the advance payments and the actual expenses.”

⚠️ Provisions for expenses may be adjusted within 5 years of the last payment of such provisions.

Can the landlord increase the allowance for maintenance and utilities during the lease term?

Yes, if the lease provides for it. The amount may be adjusted based on the actual expenses from the previous year. To avoid a large year-end balance due, the landlord may propose a gradual monthly adjustment.

However, if the charges are a flat rate, the landlord cannot demand additional payment during the term of the lease, even if his actual expenses are higher—unless there is a specific provision in the lease or a court order.

Can the landlord deduct unpaid rent from the rental guarantee?

Yes, according to the terms of the rental lease. The rental guarantee generally covers all amounts owed due to a breach of the rental lease: unpaid rent, damage to the property, as well as unpaid service charges or unpaid adjusting payments, up to the amount of the guarantee.

That is why it is important to carefully read the security deposit clause in your rental lease: if it refers to “all of the tenant’s obligations,” the security deposit may be used to cover unpaid service charges. If it limits the rental guarantee to “rental damage,” it cannot cover unpaid service charges.

Practical advice

What to Check Before Signing

For the tenant
  • Make sure the lease clearly specifies the maintenance fees and how they are calculated (flat rate or estimated amount).
  • Request the most recent statement of service charges and supporting documents: the landlord is required to provide them.
  • Make sure that expenses not payable by the tenant (property tax, real estate agent fees) are not included in the lease.
  • If you use the accrual method of accounting, keep an eye on the annual adjustment and verify the supporting documents.
For the landlord
  • When signing the lease, draw up a detailed list of the expenses to be paid by the tenant, the allocation formula, and the frequency of adjustments.
  • Keep all invoices and receipts to create a clear breakdown: description, unit price, and allocated portion.
  • If you’re charging a flat fee, you can’t ask for additional payment if the flat fee isn’t enough—set it realistically.
  • Make sure the security deposit clause in the lease covers unpaid expenses in addition to damages and rent.
Please note: The terms of the signed lease always take precedence. If you have any doubts about a clause, ask for an explanation before signing. If certain points are problematic for you, compromises can be negotiated—in which case, an amendment or a new lease must be signed by both parties. Check out our sample letters and lease management templates for guidance.

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