Renting out a property in Wallonia: A legal and practical checklist for the savvy landlord

How to Successfully Rent Out a Property in Wallonia Without Stress or Mistakes

Renting out a property is an excellent opportunity to maximize the value of your real estate assets. However, between regional regulations, administrative procedures, and technical requirements, the process can quickly seem complicated. The Walloon Decree of March 15, 2018, regarding residential leases establishes a strict framework designed to balance the relationship between landlords and tenants.

To rent out your property with complete peace of mind, here are the essential steps and legal requirements you must fulfill before handing over the keys to your future tenant.

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1. Compile the Required Technical Documentation

Even before drafting your listing, you must gather a set of legal documents:

• The PEB (Building Energy Performance) certificate: required for any property listed for sale or rent. The energy class (from A++ to G) and the theoretical energy consumption figures must be included in your advertisements.
• Certificate of compliance for utilities: Ensure the safety of the electrical system (inspection report) and that the boiler is inspected periodically.
• Smoke detectors: essential and required in all Walloon residences. Make sure there are enough of them and that they are in full working order.
• Housing conditions: The property must meet minimum health and safety requirements (waterproofing, quality of fixtures, minimum floor area).

2. Determining a Fair and Justified Rent

Setting the rent is not a matter of chance. While contractual freedom generally prevails, the Walloon Region provides a guideline for rent levels.

This official tool helps estimate an appropriate rent range based on location, square footage, level of comfort, and energy performance (PEB). A rent adjusted to market rates ensures a smooth selection of creditworthy tenants and minimizes rental vacancies.

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3. Drafting a Compliant Residential Lease Agreement

The Walloon Decree requires a written contract containing specific mandatory information:

• The identities of the parties and a clear description of all rented premises.
• The type of lease (short-term lease of up to 3 years or standard 9-year lease).
• The rent amount excluding utilities, as well as details of the utility allowance or flat-rate utility charges.
• Information on the meters (individual or shared).
• The date of the PEB certificate.

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4. Addressing the Rental Security Deposit and the Pre-Move-In Inspection Report

To protect your property against potential damage or unpaid rent, the law provides for two inseparable mechanisms:

• The rental security deposit: Held in a separate account in the tenant’s name, it is capped at a maximum of 2 months’ rent, excluding utilities. It cannot be paid directly into the landlord’s checking account.
• The move-in inspection: It must be conducted at shared expense, in the presence of both the tenant and the landlord (or by an independent expert), either while the premises are vacant or during the first month of occupancy. This document is essential for claiming compensation at the end of the lease.

5. Don’t forget to register the lease for free

Registering the lease agreement and the move-in inventory with the Federal Public Service (FPS) Finance is a legal obligation of the landlord. This must be done within two months of signing the lease.

Registration is completely free for primary residence leases. In addition to complying with the law, a registered lease makes the contract date enforceable against third parties and protects the landlord, particularly with regard to applicable notice periods.

By strictly following this process, you secure your investment while establishing a relationship of trust and transparency with your tenant.