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Is an inspection report required by law?
Yes. In Belgium an inspection report (also called a property condition report, known locally as "plaatsbeschrijving" or "état des lieux") is legally required for every written residential lease. It must be detailed, drawn up with both parties involved, and registered together with the lease. In the Netherlands an inspection report is not mandatory, but without one the law presumes the tenant received the property in the state it is in at the end of the lease, which makes damage claims nearly impossible for the landlord.
What does Belgian law say?
The obligation comes from article 1730 of the (old) Belgian Civil Code, introduced by the law of 25 April 2007: the parties must draw up a detailed inspection report, adversarially and at joint expense. Since rental law was regionalized, the rule has been carried over into all three regional frameworks:
- Flanders: Flemish Residential Lease Decree (art. 9), for leases from 1 January 2019.
- Wallonia: Walloon Residential Lease Decree of 15 March 2018.
- Brussels: Brussels Housing Code (ordinance of 27 July 2017).
The core rule is the same everywhere: a detailed move-in inspection report is mandatory, drawn up in the presence of (or with the approval of) both parties.
What do "detailed" and "adversarial" mean?
Detailed means specific. A clause such as "the property is in good condition and well maintained" is not enough and carries no legal weight. The report describes, room by room, the state of floors, walls, ceilings, joinery, appliances and meter readings, preferably with photos.
Adversarial (contradictoire) means both parties, tenant and landlord or their representatives, are involved in drawing up the document or expressly approve it. Both parties date and sign it, and each keeps a copy.
When must the report be drawn up?
The inspection report is drawn up while the property is still unoccupied, or during the first month of occupancy. For short leases (under one year) a shorter federal deadline of 15 days applied. Practical advice: do it before or on the day of the key handover. That way there can be no discussion about who caused which scratch.
The report must also be registered together with the lease at the Belgian tax administration (free of charge for residential leases, online via MyRent). Registration is the landlord's responsibility.
What happens without an inspection report?
Article 1731 of the (old) Civil Code then applies: without a detailed inspection report, the tenant is presumed to have received the property in the state it is in at the end of the lease. In practice this means the landlord can hardly prove or recover any tenant damage. Rebuttal is possible in theory, but very difficult. The inspection report therefore mainly protects the landlord, although tenants benefit too: it turns move-out discussions into a comparison of facts.
How does it work in the Netherlands?
Dutch law does not require an inspection report. But article 7:224(2) of the Dutch Civil Code has the same effect as the Belgian rule: if no description of the property was drawn up, the tenant is presumed to have received the property in the state it is in at the end of the lease. Without a move-in report the landlord can barely recover any repair costs. A detailed report with photos at move-in and move-out is therefore standard practice for professional landlords in the Netherlands as well.
Who may draw up the report?
The law does not require an expert. The parties may draw up the inspection report themselves, as long as it is detailed and adversarial. They can also jointly appoint one expert (costs shared), or each bring their own (each pays their own). With software like ImmoHabits you create a detailed, structured inspection report from photos yourself: the AI writes the report, you review it and both parties sign.
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Frequently asked questions
Is an inspection report required for student housing?
Yes. Student rentals also fall under the regional residential lease rules in Belgium, so a detailed, adversarial inspection report is mandatory.
Does the report have to be registered?
Yes, together with the lease at the Belgian tax administration. For residential leases this is free and can be done online via MyRent. The landlord is responsible.
Is a move-out inspection also mandatory?
Not always explicitly, but without a comparison against the move-in report there is no objective way to establish tenant damage. In practice it is indispensable.
What does an expert-made inspection report cost?
Expect a few hundred euros per report depending on the size of the property, shared between tenant and landlord when jointly appointed. Creating it yourself with AI software starts at €30 per report.
