Compliance of a
rental property
There’s a lot more to renting a property than simply signing a lease: the property must meet minimum standards of safety, health and habitability. These criteria are defined by the regional Housing Codes (in Brussels, Flanders and Wallonia) and are designed to ensure that tenants enjoy safe, healthy accommodation.
We explain how to check the conformity of a property before renting it out, and what signals to look out for during viewings.
Why is compliance important?
A “non-conforming” dwelling may be :
- Dangerous: risk of fire, collapse, damp, faulty electricity.
- Unhealthy: mold, lack of ventilation or drinking water.
- Or simply illegal to rent.
Before signing a lease, it’s in the tenant’s best interest to ensure that the property meets minimum legal requirements. These standards guarantee safety, avoid disputes with the landlord and ensure that the lease will be recognized as valid.
A lease concluded for non-compliant accommodation can be annulled by the Justice of the Peace, and the landlord risks administrative fines.
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The main criteria for housing conformity
Although each region has its own Housing Code, the basic criteria are similar. Here’s what a property must have in order to be legally rented:
A. Building safety
- Roof, walls and floors in good, stable condition.
- Solid staircases and railings.
- Doors and windows close properly.
- No risk of collapse or major infiltration.
B. Electrical and gas installations
- Compliant electrical installation, with no visible wires or dangerous sockets.
- Secure gas installation (if present), with adequate ventilation.
- Presence of a certificate of conformity (often required for rental).
C. Hygiene and health
- Access to drinking water.
- Bathroom with washbasin and shower or functional bathtub.
- Sewage disposal system.
- No moisture, mold or pests.
D. Ventilation and heating
- Openings for natural ventilation.
- Safe, efficient heating system.
- Sufficient indoor temperature can be achieved.
E. Minimum equipment
- Kitchen equipped at least with sink, water inlet and drain connection.
- WC for private use (in the dwelling or directly accessible).
- Individual water, electricity and gas meters (if applicable).
Before signing, ask the owner or agent for certificates of electrical and gas conformity. This is your right, and proves that the property complies with standards.
The owner's legal obligations
- Rent accommodation that complies with regional standards (Brussels, Flemish or Walloon Housing Code).
- Maintain the property in good condition throughout the term of the lease.
- Provide mandatory documents before signing (EPB certificate, electrical inspection, etc.).
Failure to comply with these obligations may result in the property being declared uninhabitable by the authorities. The tenant may terminate the lease without compensation, and the landlord may be subject to administrative penalties.
In case of doubt: the tenant can request a housing inspection from the local or regional housing authority.
How do you check compliance before renting?
Before the visit: Download and print the “Pre-signature home visit” checklist (Garantie.be template). Prepare your questions: insulation, heating, humidity, energy bills, etc.
During the visit: Check the condition of walls, floors, ceilings and windows. Test taps, hot water, sockets and switches. Open closets and check for signs of damp. Ask to see certificates of conformity (EPB, electricity, gas).
After the visit: Ask the owner to confirm in writing that the property is compliant. If you have any doubts, contact the local housing authority, which can carry out a free inspection.
Useful model to download: Pre-signing home inspection checklist
What should I do if my home doesn't comply?
If you discover a serious problem, follow these steps:
- Notify the owner in writing by registered letter or e-mail.
- Keep proof: photos, moisture report, repair bill.
- If nothing changes, contact the municipal housing department or the justice of the peace.
Good to know: In the event of recognized insalubrity, you can ask for the rent to be suspended or the lease to be terminated without penalty.
