Belgian Tenant Rights: Three Regional Tenancy Laws, Not One

Search for a single Belgian tenancy law and you will not find one. The Sixth State Reform moved residential tenancy to the Regions, and Flanders, Wallonia and Brussels each wrote their own instrument rather than keeping the old federal rental law in a shared form. A rented home in Ghent, one in Namur and one in Brussels are genuinely governed by three different texts, not by regional variations on the same law.

Information last verified on 21 July 2026. This page provides general legal information and does not constitute legal advice in an individual case.

Why there are three tenancy laws instead of one

Before 2014, Belgian residential tenancy sat inside a single federal statute, applied the same way nationwide. The Sixth State Reform transferred the matter, specifically the rental of property or part of a property intended for housing, from the federal state to the Regions, under article 6 §1, IV of the special law of 8 August 1980 on institutional reforms. What stayed federal is the general law of contract and obligation that a tenancy still rests on. What moved is the tenancy-specific layer sitting on top of it.

Each Region then legislated on its own timeline rather than adopting a shared model.

Brussels moved first. The ordonnance du 27 juillet 2017 visant la régionalisation du bail d'habitation, published on 30 October 2017, entered into force on 1 January 2018, repealing and replacing the old federal law for leases in the Brussels-Capital Region.

Wallonia followed the same year. The décret du 15 mars 2018 relatif au bail d'habitation entered into force on 1 September 2018 and applies to housing leases, including student leases and shared leases, across the Walloon Region.

Flanders came last. The Vlaams Woninghuurdecreet, adopted on 9 November 2018, applies to residential leases concluded in the Flemish Region from 1 January 2019 onward.

What this means in practice

The consequence for a tenant or a landlord is that the same question, how much deposit is allowed, how much notice must be given, whether an indexation clause is enforceable, can have three different answers depending purely on where the property sits, not on where the landlord or the tenant lives. Tenancy coverage on this site names the Region next to every rule for exactly that reason.

This is a narrower split than it might sound. What moved to the Regions under the Sixth State Reform is specifically the rental of property, or part of a property, intended for housing. It did not touch the general law of contract underneath a lease, and it did not touch which court hears a tenancy dispute, both of which stayed federal even as the substantive rules above them split three ways.

Which court hears a tenancy dispute

This part did not regionalise. Wherever in Belgium the property sits, a tenancy dispute goes to the same kind of court: the vredegerecht, the justice de paix. This is the most accessible level of the Belgian court system, and it has dedicated jurisdiction over tenancy and neighbour disputes regardless of the amount actually in dispute. A disagreement over an indexation calculation, a deposit, or a notice period is heard by the vrederechter, the juge de paix, for the district where the rented property is located, whichever Region's tenancy law happens to govern the lease itself.

What is covered here, and what is not yet

Rent indexation, the huurindexatie in Dutch, the indexation du loyer in French, is the one tenancy topic built out in full on this site, including the formula, the month each Region uses to set the starting index, the frequency rule, the energy-label restrictions, and the registration requirement. See the rent indexation page for all of it, Region by Region.

Two other tenancy topics are just as genuinely regionalised and just as commonly searched, and neither is built out on this site yet. The rental deposit, the huurwaarborg in Dutch, the garantie locative in French, has its own cap and its own rules on where the money is held in each Region. How a lease actually ends, notice periods, grounds for early termination by the landlord, and a tenant's own right to leave, also differs by Region in ways a single answer cannot capture. Both are planned additions to this section rather than topics this page can answer today, and neither is covered elsewhere on this site in the meantime.

This page provides general legal information about a foreign legal system and does not constitute legal advice for an individual case. Residential tenancy differs by Region and the underlying decrees and ordinances are amended from time to time. Check the current text on ejustice.just.fgov.be, codex.vlaanderen.be, wallonie.be or be.brussels, or consult a notaris / notaire, before acting.

Frequently Asked Questions

Is there one national law governing rented housing in Belgium?

No. Residential tenancy was moved to the Regions by the Sixth State Reform, and Flanders, Wallonia and Brussels each adopted their own instrument between 2018 and 2019, rather than continuing to share a single federal law. A rented home in each Region is genuinely governed by a different text.

Which law governs a residential lease in Flanders?

The Vlaams Woninghuurdecreet, applicable to residential leases concluded in the Flemish Region from 1 January 2019 onward.

Which law governs a residential lease in Wallonia?

The décret du 15 mars 2018 relatif au bail d'habitation, in force since 1 September 2018, covering housing leases across the Walloon Region including student leases and shared leases.

Which law governs a residential lease in Brussels?

The ordonnance du 27 juillet 2017 visant la régionalisation du bail d'habitation, published on 30 October 2017 and in force since 1 January 2018, which repealed and replaced the old federal rental law for the Brussels-Capital Region.

Is anything about renting a home in Belgium still federal?

Yes. The general law of contract and obligation that a tenancy still rests on remains federal. What moved to the Regions is the tenancy-specific layer on top of it, meaning the rental of property or part of a property intended for housing.

Where can I find out how rent indexation works in Belgium?

On the rent indexation page in this section, which covers the formula, the starting month each Region uses, the frequency rule, the energy-label restrictions, and the registration requirement, naming the Region beside every figure.

Does this site cover the rental deposit or how a Belgian lease ends?

Not yet. The rental deposit, the huurwaarborg, the garantie locative, and how a lease actually ends are both genuinely regionalised topics, and both are planned additions to this section, but neither is published on this site yet.