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Renovation Obligations in Flanders: What Landlords Need to Know

Blog
11/01/2024

Since January 1, 2023, renovation obligations for residential properties have come into force in Flanders. These requirements apply not only when selling a property, but also when it is rented or will be rented.

For landlords, this raises key questions: can tenants refuse renovation works, must compensation be paid, and can rent be adjusted after improvements?

At TREVI Rental Management, we provide clarity on how these rules impact rental property owners and how to manage them effectively.

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Lease Continuity After Sale

A fundamental principle remains unchanged: selling a rented property does not terminate the lease.

This means that ownership transfer does not remove tenant protections.

Can a Tenant Refuse Renovation Works?

Tenants are entitled to peaceful enjoyment of the property, meaning that:

However, Flemish rental law provides an important exception.

Mandatory Renovations as Urgent Works

Renovation works required by law, such as energy upgrades, are considered urgent works.

In this case:

If the works temporarily render the property uninhabitable, the tenant may request termination of the lease, either through court proceedings or by mutual agreement.

It is important to note that this rule applies strictly to legally required works. Any additional renovations may still require tenant consent.

Compensation for Loss of Use

Tenants must tolerate renovation works, even if part of the property becomes temporarily unusable.

However:

For leases signed before January 1, 2019, the threshold is 40 days.

This reduction compensates for the temporary loss of enjoyment.

Termination Options

There is no specific termination right linked to renovation obligations.

However, landlords may rely on existing provisions allowing termination for:

provided legal conditions are met.

This mechanism allows landlords to carry out more extensive upgrades beyond the minimum required by law.

Rent Adjustment After Renovation

As a general rule, rent remains unchanged during the lease, except for indexation.

However, Flemish legislation allows rent revision in specific cases.

Energy Efficiency Improvements

A rent increase will only be approved if:

This rule applies only to leases signed after January 1, 2019.

For older contracts, standard and stricter rent revision rules apply.

Intermediate Property Condition Report

Renovation works often require an updated property condition report.

If no agreement is reached, a court may appoint an expert.

EU Directive vs Flemish Policy

A key aspect of this regulation is the difference between EU policy and Flemish implementation.

The updated EU buildings directive aims to:

However, the EU does not impose a strict renovation obligation.

By contrast, Flanders has introduced:

For example:

Flanders is therefore significantly ahead of broader European requirements.

Toward a Large-Scale Renovation Wave

The ultimate goal is to trigger a large-scale transformation of the housing stock.

EU-wide targets include:

At least 55% of energy savings must come from renovating the least efficient buildings.

Managing Renovation in a Complex Environment

For landlords, renovation obligations mean:

At the same time, they also create opportunities:

Why Professional Property Management Matters

The growing complexity of legislation makes professional support increasingly valuable.

At TREVI Rental Management, we handle:

To better understand how rental regulations and market trends evolve, read our article:
“What Will 2024 Bring for Landlords?”

Secure Your Investment with TREVI

Renovation obligations are reshaping the rental market in Flanders. Managing these changes effectively is essential to protect your investment and maximise long-term returns.

Looking for expert guidance? Contact TREVI Rental Management and discover how we can support your real estate strategy.

Contact us for more information

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