Lease Continuity After Sale
A fundamental principle remains unchanged: selling a rented property does not terminate the lease.
- the tenancy agreement continues under the same conditions
- only the identity of the landlord changes
- termination is only possible under legally defined grounds
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:
- non-urgent works generally require tenant agreement
- works are ideally carried out in consultation
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:
- the landlord must still inform and coordinate with the tenant
- the tenant cannot refuse the works
- the legal obligation overrides the tenant’s refusal right
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:
- if the works last more than 30 days,
- the rent must be reduced proportionally
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:
- substantial renovation works,
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
- landlord and tenant may agree on a rent increase
- if no agreement is reached, the landlord may turn to the court
A rent increase will only be approved if:
- the property’s rental value has increased by at least 10%
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.
- either party may request it
- it must be carried out jointly
- costs are generally shared
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:
- improve energy efficiency
- reduce emissions
- encourage renovation
However, the EU does not impose a strict renovation obligation.
By contrast, Flanders has introduced:
- binding renovation requirements
- stricter energy standards
- faster transition timelines
For example:
- new buildings must move toward zero emissions by 2030
- fossil fuel-based heating systems are being phased out
- gas connections for new buildings will soon be banned
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:
- reducing energy consumption of homes by 16% by 2030
- increasing this to 20–22% by 2035
- phasing out fossil fuel heating by around 2040
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:
- higher investment requirements
- stricter compliance
- more complex tenant management
At the same time, they also create opportunities:
- higher property value
- improved rental performance
- increased tenant demand for energy-efficient housing
Why Professional Property Management Matters
The growing complexity of legislation makes professional support increasingly valuable.
At TREVI Rental Management, we handle:
- legal compliance
- tenant communication
- renovation coordination
- financial optimisation
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