PLACE DESCRIPTION OFFERS PROTECTION

In Belgium, the site description is a crucial document when renting out real estate. It serves as an accurate record of the condition of a property at the time of handing over the keys to a new tenant. Since September 2018, this document has been made mandatory by the Civil Code in all Belgian regions and is an annex to the lease. For owners, compliance with this rule is essential to avoid disputes with tenants and to be protected against any damage caused by the tenant.

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What is a Site Description and Why is it Necessary?

A site description is a detailed representation of the condition of a rental property, such as a house, apartment, studio, garage or parking lot. For the tenant, it provides an opportunity to verify that the property has been properly maintained and that there will be no unwarranted claims on the rental deposit for existing defects. It assures the owner that the property will be returned in its original condition. This document functions as legal evidence in case of conflicts between the contracting parties.

The process of place description consists of two distinct moments:

At the start of the lease (entering place description): This document is prepared and signed by both tenant and landlord before the tenancy actually begins.
Upon termination of the lease (exiting place description): At the end of the lease, a new place description is prepared, comparing the current condition of the property with the situation at the start. Any damage or wear and tear that occurred during the tenancy will be recorded herein. If applicable, repair costs may be recovered from the tenant.

Drafting a Site Description: Procedure and Content

There is no specific legally prescribed form for a site description; the owner can prepare it himself. However, using a template or engaging a specialist is strongly recommended to ensure completeness and accurate documentation of damage.

A valid placeholder must include the following essential information:

Date of formatting.
Identity and signatures of both parties (landlord and tenant).
Address and detailed description of the property.
The specific condition of all elements in the home (walls, floors, electrical equipment, doors, windows, etc.).
Meter readings (gas, water, electricity).
Number of keys handed over.

Both parties should add the text “read and approved” with their signatures.

Who Drafts the Site Description and What Are the Costs?

Owners can prepare the site description themselves at no cost. However, given the complexity and attention to detail this task requires, many owners choose to hire an experienced expert. This is the most reliable way to ensure that all elements are well documented and understood by all parties. The cost of an expert typically ranges between €70 and €500, depending on the specialist and the type of property. This cost is basically shared between the owner and the tenant, unless the tenant chooses to hire an expert themselves.

Liability for Damages and Dispute Resolution.

The exiting place description distinguishes between normal wear and tear and damage caused by the tenant.

Normal wear and tear: Costs for normal wear and tear (e.g. to paint, wallpaper, flooring) are the responsibility of the owner.
Damage caused by the tenant: If the tenant is responsible for the damage (for example, due to intentional causation or negligence), the tenant must bear the cost of repair or repair the damage himself.

In case of disagreement about the place description, the document should not be signed. In such cases, an appeal can be made to the justice of the peace, who may appoint an expert to objectively assess the situation. The decision of the justice of the peace will then lead to the release of the rental deposit, in whole or in part, to the owner or tenant. The lack of a site survey makes the owner responsible for any damage found at the end of the lease.

Site Description Registration

Although place registration is mandatory throughout Belgium, the rules regarding registration vary somewhat by region.

Brussels: In the Brussels-Capital Region, registration of both arrival and departure place descriptions is mandatory.
Wallonia: In the Walloon Region, the registration of the inventory of the place on arrival is mandatory if it is attached to the rental contract. If this is not the case, subsequent registration is not obligatory, although the preparation of the topographical description at the start of the rental remains essential. There is no registration requirement for the place description on departure.

A carefully prepared and documented site plan is fundamental to protecting your property and your financial interests as an owner. It contributes to better communication and helps prevent or resolve disputes more quickly.

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Source reference:

[1] Civil Code (Belgium). Articles 1730 and 1731: The Legal Basis of Site Description and Statutory Presumption. [2] Rent legislation (Flemish, Walloon or Brussels Region). Regional Provisions on the Obligation, Form and Content of Site Description. [3] Royal Federation of Belgian Notaries (notaris.be). The Evidential Value of the Document in Dispute over Rent Damage. [4] Specialized Law Firm in Rental Law. Analysis of Case Law: The Benefit of a Detailed Site Description to the Tenant. [5] Federal Department of Justice. Information about the Procedures before the Justice of the Peace in Disputes over Leasehold Damage. [6] Real Estate Sector Report. Landlord’s Financial Protection: The Recovery of Rent Damages through the Rent Guarantee. [7] Tenant and Landlord Associations (e.g., SVK or VJHP). Practical Guide: Recording Defects on Entry for Tenant Protection. [8] Academic Legal Journal (Belgium). The Legal Consequences of the Lack of a Site Description (Disadvantage to the Landlord). [9] Software Industry Insight. The Role of Digital Tools in Creating an Unassailable and Objective Place Description. [10] Common Rental Law (Federal Legislation). Rules Concerning the State of the Premises at Entry and Exit. [11] Legal Advice. The Essential Delineation between Normal Wear and Tenant-Caused Damage.