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Which documents do you need to rent out an apartment?
Which documents do you need to rent out an apartment?
Anyone wishing to rent out an apartment in Belgium must arrange a number of mandatory documents. Without these certificates, you risk fines or disputes with the tenant. But which documents exactly do you need to rent out an apartment correctly and legally?
Below you will find an overview of the most important obligations.
Is an EPC mandatory when renting out?
Yes. An EPC (Energy Performance Certificate) is mandatory when renting out. The energy score must:
- Be available before the advertisement is published
- Be mentioned in the advertisement
- Be handed over to the tenant
The EPC is valid for 10 years.
Must the electrical installation be inspected?
There is no separate mandatory electrical inspection for every rental, as is the case with a sale. However, the installation must be safe and comply with current standards.
As a landlord, you are obliged to rent out a safe property. A rejected or dangerous installation can lead to liability in the event of damage or an accident.
Is a certificate of conformity mandatory?
That depends on the municipality. In some cities and municipalities, a certificate of conformity is mandatory before you are allowed to rent out. This certificate confirms that the property meets the minimum quality standards.
Therefore, always check with your local municipality.
Do you need to provide a smoke detector?
Yes. In Belgium, smoke detectors are mandatory in rental properties. The number and placement depend on the region, but in principle, there must be at least one smoke detector per floor.
As a landlord, you are responsible for the installation. The tenant is responsible for maintenance (e.g., replacing the battery).
Do you need a lease agreement?
Yes. A written lease agreement is mandatory. This contract must:
- State the identity of the parties
- Include the rental price and lease term
- Correctly describe the rented property
Furthermore, the contract must be registered. In most cases, the landlord is responsible for the registration.
Is an inventory of fixtures mandatory?
Yes. A detailed inventory of fixtures at the start of the lease is mandatory. This must:
- Be in writing
- Be signed by both parties
- Be attached to the lease agreement
Without an inventory of fixtures, it is assumed that the tenant received the apartment in good condition.
Do you need fire insurance?
The tenant is usually required to take out fire insurance (tenant liability). As a landlord, it is strongly recommended to have building insurance yourself.
In an apartment building, there is usually a block policy through the Owners Association, but it is important to check exactly what is covered.
What is the conclusion?
To rent out an apartment, you need at least an EPC, smoke detectors, a written lease agreement, and a detailed inventory of fixtures. Depending on the municipality, a certificate of conformity may also be required. Additionally, the property must be safe and comply with quality standards.
Proper preparation prevents legal issues and ensures a smooth rental process. Works must be officially approved. In principle, works decided upon before the notarial deed are for the seller, and subsequent decisions are for the buyer. Clear agreements in the sales agreement and transparency via the Property Manager are essential to avoid conflicts.
A good rental starts with the right paperwork and ends with a satisfied tenant.
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