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.
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.
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.
Frequently asked questions
Settlement, Adjustment, and Guarantee
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).
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.
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.
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
- 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.
- 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.
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