In short: in Flanders, since 2019, both the tenant and the landlord must be insured against fire and water damage. In Brussels, the tenant must insure their liability for fire and water damage. In Wallonia, it depends on what the lease says. Everywhere, it's wise to insure your building and ask the tenant for their insurance certificate every year.
Why the tenant needs insurance
A tenant is in principle liable for fire and water damage to the home, unless they prove it happened through no fault of theirs. Without insurance they pay themselves, and the amount often far exceeds the deposit. For you, the tenant's insurance is above all a guarantee that the damage gets paid.
The rules per region
| Region | Tenant | Landlord |
|---|---|---|
| Flanders | Must be insured against fire and water damage | Must insure the building against fire and water damage |
| Brussels | Must insure their liability for fire and water damage | No legal obligation, but strongly advised |
| Wallonia | Required if the lease says so | No legal obligation, but strongly advised |
In Flanders these obligations apply to leases from 1 January 2019. Always check what your own lease says; it can contain stricter terms.
The certificate: ask for it every year
Ask the tenant at the start of the lease, and every year after, for an insurance certificate proving the policy is running and paid. Put in the lease that the tenant provides it on first request.
Waiver of recourse: an alternative
Some landlords insure the building themselves with a waiver of recourse in favour of the tenant: their insurer then doesn't claim the damage back from the tenant. Its cost is sometimes passed on to the tenant, with a clear agreement in the lease. Note: a waiver of recourse usually doesn't cover the tenant's contents, nor always intentional or gross fault.
When damage happens
- The tenant reports it immediately to you and to their insurer.
- Document it with photos, the date and the circumstances.
- Limit the damage: shut off the water, do urgent repairs.
- Point to the right policy: the tenant's for their liability, yours for the building.
Who pays what after water damage: Who Pays for Repairs — Landlord or Tenant?
Frequently asked questions
Is fire insurance mandatory for tenants in Flanders?
Yes. For leases from 2019, both tenant and landlord in Flanders must be insured against fire and water damage.
Does the landlord need fire insurance too?
In Flanders, yes, for the building. In Brussels and Wallonia it isn't a legal obligation, but it's strongly advised.
Can I require the tenant to take out insurance?
Yes, you can put it in the lease, and in Flanders and Brussels it's also required by law. Ask for the certificate every year.
What is a waiver of recourse?
A clause whereby the landlord's insurer doesn't claim damage back from the tenant. It usually doesn't cover the tenant's contents.
What if there's a fire and the tenant isn't insured?
The tenant remains in principle liable and pays the damage themselves, unless they prove they weren't at fault. Your own insurance may pay and then claim it back from them.
The certificate with the lease
In ImmoDesk you keep the lease, the inspection report and documents such as the tenant's insurance certificate together in one place, so you find them straight away when something happens. Try ImmoDesk free for 7 days, no credit card required.
This article is general information about fire insurance under residential leases in Belgium, valid in 2026, and is not legal or insurance advice. The rules differ by region and change over time. Check your situation and your policy with your insurer or a lawyer.
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