Airbnb in an apartment building in Belgium: what the co-ownership rules say

Registering with your region is only one part of the story. If your home is in a building with several owners, the co-ownership rules can also limit short stays. This article is general information, not legal advice: for your own building, ask your syndic or a notary.

Start with the basic deed and the statutes

The basic deed and the co-ownership statutes describe what each private unit may be used for. Some explicitly allow or forbid tourist rental. Many say nothing about it, and simply describe the flats as residential.

When the statutes say "residential use"

That is where opinions differ. Legal commentators have pointed to Belgian rulings in which regular short-term rental through a platform was seen as incompatible with a purely residential purpose, while occasional rental was judged differently. Other authors read "residential" more broadly. Because there is no single answer, it pays to check before you invest in furniture and photos.

Changing the rules

Co-owners can add a clause that allows or forbids tourist rental. Such a change is decided by the general meeting of co-owners and needs a large majority. Your syndic can tell you which majority applies to your building and how to put the point on the agenda.

What to check, in order

• The basic deed and the statutes: is tourist rental mentioned?
• The house rules: noise, use of the lift, bins, access codes and key boxes.
• Recent minutes of the general meeting: has short-term rental been discussed?
• Your insurance and the building's insurance: is short-stay letting covered?
• The rules of your region and your municipality.

Good neighbours make it work

Even where it is allowed, the neighbours decide how smoothly it goes. Clear house rules for guests, quiet check-ins and a contact person who answers quickly prevent most complaints. That is part of what we set up before the first guest arrives.