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When should you draw up and register an inspection report?
The move-in inspection report is drawn up while the property is still unoccupied, or at the latest during the first month of occupancy (federally, a 15-day deadline applied to leases under one year). The landlord then registers it together with the lease within two months of signing, free of charge via MyRent. As long as the lease is not registered, the tenant can terminate without notice or compensation.
When do you draw up the move-in report?
The Belgian regional rules offer two options: while the property is unoccupied, or during the first month in which the tenant has use of it. The best moment is just before or on the day of the key handover: the property is empty, every room is easy to photograph, and there can be no doubt about who left which marks.
If the parties cannot reach an agreement within the deadline, either of them can ask the justice of the peace to appoint an expert to draw up the report.
What about renovations or changes during the lease?
If significant changes are made to the property after the report was drawn up, for example a new kitchen or repainted walls, either party can request an addendum to the inspection report. That addendum is also drawn up adversarially and at joint expense. This keeps the reference document up to date until move-out.
How do you register the inspection report?
The inspection report belongs with the lease and is registered together with it at the Belgian tax administration (FPS Finance). This is done online via MyRent (accessible through MyMinfin): you log in, fill in the lease details and upload the lease and the inspection report as PDFs. For properties used exclusively as housing, registration is free.
Registration is the landlord's legal duty, although the tenant may also register the lease. If the inspection report is only finished later, it can still be submitted with a reference to the already registered lease.
What are the risks of not registering (in time)?
The landlord has two months after signing to register a residential lease. After that, two sanctions apply. First, a tax fine for late registration. Second, and far more important: as long as the lease is not registered, a tenant renting a main residence can terminate without notice period and without termination compensation. For a landlord, an unregistered lease is a real risk.
And the move-out inspection?
At the end of the lease the state of the property is recorded again, ideally after the tenant has cleared everything out and just before or at the return of the keys. The comparison with the move-in report determines whether there is tenant damage. This move-out record does not need to be registered; it serves as evidence between the parties and, if disagreement persists, before the justice of the peace.
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Frequently asked questions
What if the report is only drawn up after the first month?
It loses evidential value: the tenant can argue that damage appeared in the meantime or was already there. A late report is not automatically worthless, but it is contestable.
Can I register the lease myself as a tenant?
Yes. The legal duty rests on the landlord, but the tenant may also register the lease free of charge, for example to be certain of the protection registration offers.
Does registration cost anything?
No, not for properties used exclusively as housing. Registration duties do apply to mixed or professional use.
Does an addendum to the report also need to be registered?
The safest practice is to register addenda as well, so the complete reference file sits with the registered lease.
