On 16 July 2026, the Belgian Parliament adopted Book 7 of the new Civil Code, introducing a comprehensive overhaul of several key contractual relationships.
In our first article (read it here), we outlined the reform and its expected entry into force on 1 September 2027.
This article focuses on two important developments concerning the general law of the lease (bail de droit commun / gemeen huurrecht): the codification of precarious occupancy and the clarification of the lessor’s duty to ensure conformity throughout the lease term.
The codification of precarious occupancy
Article 7.3.1 expressly confirms that a precarious occupancy agreement (occupation précaire / precaire bezetting) does not qualify as a lease where its precarious nature is justified by legitimate grounds.
The parliamentary documents specifically refer to temporary or transitional situations, such as a pending sale, a planned demolition project, a real estate restructuring or an anticipated change of use of a property.
In doing so, the legislator codifies a legal construct that had long been developed by the Belgian Supreme Court (Cour de cassation / Hof van Cassatie).
Importantly, however, the reform does not relax the conditions established by case law.
The characterisation of a contractual arrangement as a precarious occupancy agreement still requires a concrete and objectively verifiable justification. A lessor’s mere desire to preserve greater flexibility will not suffice.
A duly justified precarious occupancy arrangement falls outside the scope of the protective regimes applicable to certain categories of leases.
The novelty lies less in the creation of a new legal instrument than in the increased legal certainty resulting from its statutory recognition, which reduces the risk of a precarious occupancy agreement being recharacterised as a lease.
A reinforced duty of conformity, even in cases of force majeure
The new Book 7 clarifies that the lessor’s duty to ensure conformity is a continuing obligation.
Pursuant to Articles 7.3.6 and 7.3.7, the lessor must not only deliver a property that conforms to the lease agreement but must also maintain that conformity throughout the entire term of the lease. This obligation applies even where the lack of conformity was unknown to the lessor or results from an event of force majeure.
At the same time, the tenant must inform the lessor of any lack of conformity within a reasonable period. Failing to do so, the tenant loses the right to seek remedies for previous loss of use and enjoyment and may be liable for any damage resulting from that failure.
A peculiarity of the new regime lies in Article 7.3.15.
Where a lack of conformity arises after delivery of the leased asset and is not attributable to the lessor, including where it results from force majeure, the tenant retains the benefit of the principal contractual remedies, including specific performance and, where appropriate, a reduction of rent.
However, the tenant is not entitled to recover damages for consequential or additional losses arising from that lack of conformity.
In practical terms, if force majeure causes a loss of use or conformity of the leased property, the lessor must take the necessary measures to restore it within a reasonable period.
If the lessor acts promptly, business interruption losses or other indirect damages cannot be recovered from the lessor where no fault can be attributed to it.
Preparing for the future
Although Book 7 is will become applicable on 1 September 2027, lessors, investors, property managers and occupiers would be well advised to begin reviewing their contractual arrangements now.
Particular attention should be paid to:
- agreements presented as precarious occupancy arrangements;
- lease clauses dealing with conformity obligations;
- notification procedures applicable to tenants; and
- risk-allocation mechanisms in the event of force majeure.
Early preparation can help ensure that existing lease documentation remains fit for purpose once the new framework becomes applicable.
Key takeaway
The reform enhances legal certainty.
On the one hand, it provides a statutory framework for precarious occupancy arrangements. On the other hand, it clarifies the extent of a lessor’s obligations where a lack of conformity arises from events beyond its control.
While Book 7 does not fundamentally alter the underlying balance of Belgian lease law, it provides a clearer and more predictable framework that should be taken into account when drafting or reviewing existing contractual arrangements.
Further insights to come
In the coming months, Simont Braun will continue to examine the practical implications of Book 7 for businesses operating in Belgium. Further insights on specific aspects of the reform will be shared via our LinkedIn page.
In parallel, our lawyers Thomas Derval, Rafaël Jafferali and Charles-Edouard Lambert are coordinating a conference dedicated to the reform, as well as a collective publication scheduled for early 2027.
Questions about Book 7 and its implications for lease agreements, precarious occupancy arrangements or conformity obligations? Please feel free to contact the authors of this article, Rafaël Jafferali and Michele De Resi.
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This newsletter does not constitute legal advice or a legal opinion. Please consult with a legal counsel before taking any action based on the information provided.