What are your rights when it comes to renovating a rental property?
⚠ For urgent repairs
If something is broken and needs to be repaired immediately (such as a leak in the roof or a burst water pipe), you as the tenant cannot refuse to allow this to be done.
- The 40-day rule: If the work takes longer than 40 days, you are entitled to a rent reduction in proportion to the time and the part of the property that you cannot use.
- Uninhabitability: If the property becomes completely uninhabitable due to the works, you can request the termination of the lease agreement through the courts.
🔨 For non-urgent renovations
The landlord cannot simply decide to renovate the kitchen or replace the windows in the middle of a current contract without your consent.
For aesthetic or improvement work that is not urgent, the landlord must have your consent.
In addition, you may set reasonable requirements regarding the timing (for example, not during the children's exam period).
⚡ For energy-saving measures
Since the new regulations came into force in Flanders, landlords have more scope to carry out energy-saving work, such as retrofitting insulation to exterior walls, installing double glazing, or replacing the central heating boiler. However, this still has to be done in consultation with the tenant.
ℹ Your rights at a glance
- Nuisance: You have the right to undisturbed enjoyment of your home. In the event of excessive dust or noise pollution, you can request compensation.
- Access: The landlord may not simply enter the property. You must be notified in advance, and the dates must be agreed upon in consultation.
- Rent: The landlord may not simply increase the rent after renovations, unless this has been agreed in advance in writing or through a specific procedure before the justice of the peace (usually between the 9th and 6th month before the end of a three-year period).
- Privacy: You do not need to hand over your keys. You may request to be present yourself or that the work be carried out at specific times.
😱 What if it goes wrong?
If your landlord imposes the work without consultation, or if the property is turned into a construction site for months without compensation, you must take two steps:
- Send a notice of default: Always do this by registered mail.
- Go to the justice of the peace: The justice of the peace is the competent authority for rental disputes. He or she can enforce a rent reduction or suspend the works.
Tip: It is always wise to take photos of the situation before and during the work to show any damage afterwards.
Need temporary accommodation while your rental property is being renovated?
Some renovation work on rental properties causes a lot of inconvenience. In some cases, it is impossible to continue living there.
As a tenant, you can then look for temporary accommodation, away from the dust and noise.
Would you like to rent temporary accommodation during renovation work? Come to Imperia Short Stay. We have comfortable, furnished apartments in Brussels with 1, 2, or 3 bedrooms.
Discover them on our website or check availability using the button below.