Since residential leases were devolved to the regions, landlords, tenants and surveyors no longer work with a single federal law but with three regional texts. The good news: when it comes to the move-in property inspection, the rules are very similar. Here is what you need to know, region by region, along with the common ground that makes for a good inspection report.
This article is a practical summary, up to date as of October 2026. It is not legal advice: in the event of a dispute, refer to the text that applies to your lease or consult a professional.
Which legislation applies to my lease?
The applicable text depends on where the property is located and when the lease was signed:
- Wallonia: Walloon Decree of 15 March 2018 on residential leases, for leases signed on or after 1 September 2018;
- Brussels: Brussels Housing Code, as amended by the Ordinance of 27 July 2017, for leases signed on or after 1 January 2018;
- Flanders: Flemish Residential Lease Decree (Vlaams Woninghuurdecreet) of 9 November 2018, for leases signed on or after 1 January 2019.
An older lease generally remains subject to the federal rules in force when it was signed.
What the three regions have in common
A mandatory inspection report
In all three regions, the move-in property inspection is mandatory. A lease clause such as “the tenant declares that they have received the property in good condition” is no substitute for it.
A deadline: before moving in or during the first month
The inspection report must be drawn up while the property is unoccupied or during the first month of occupancy. After that, it becomes difficult to hold the other party to a reliable record: the property is already lived in, furniture hides the walls, and new marks appear.
In practice, the best time is still before the keys are handed over, with the property empty and clean.
A joint, detailed document
The inspection is carried out in the presence of both parties (or their representatives). It must be detailed: room by room, item by item. A general statement of “good condition” carries little weight if it is challenged.
It is then attached to the lease and, like the lease, subject to registration.
Shared costs
When the parties call in a surveyor, their fees are shared between landlord and tenant. Nothing prevents the parties from carrying out the inspection themselves, but a neutral surveyor reduces disputes at move-out.
Recourse to the justice of the peace in case of deadlock
If one party refuses or the parties cannot agree, the other can ask the justice of the peace to appoint a surveyor. It is best to act quickly: the more time passes, the less certain the initial record becomes.
What happens without a move-in inspection report?
This is the most important point for a landlord. Without a move-in inspection report, the tenant is in principle presumed to have received the property in the condition it is in at the end of the lease.
In practice, the landlord will have to prove by other means that the damage occurred during the tenancy — which is rarely straightforward. The move-in inspection report is therefore not a formality: it is the benchmark against which everything will be compared at move-out.
What if the property changes during the lease?
Major works, a new kitchen, a renovated bathroom: when significant changes are made to the property, either party can request an addendum to the inspection report. It is drawn up by mutual agreement or, failing that, by a surveyor appointed by the court.
Without an addendum, the move-out comparison will be made against a move-in record that no longer reflects the actual property — an almost certain source of dispute.
What makes a good move-in inspection report
A solid inspection report describes, for each room:
- floors, walls, ceilings, doors and windows, with their finishes and condition;
- fixtures and fittings (sanitary ware, kitchen, heating, electrics) and whether they work;
- existing defects, located and measured (“2 cm chip on the left-hand windowsill”);
- meter readings and the keys handed over;
- photos linked to the items described.
We set out this method in detail in our guide writing a detailed property inspection report room by room.
In summary
| Wallonia | Brussels | Flanders | |
|---|---|---|---|
| Move-in inspection report | Mandatory | Mandatory | Mandatory |
| Deadline | Unoccupied or 1st month | Unoccupied or 1st month | Unoccupied or 1st month |
| Form | Joint, detailed, attached to the lease | Joint, detailed, attached to the lease | Joint, detailed, attached to the lease |
| Surveyor’s fees | Shared | Shared | Shared |
| Disagreement | Justice of the peace → surveyor | Justice of the peace → surveyor | Justice of the peace → surveyor |
The move-in inspection report shapes everything at the end of the lease: the return of the rental deposit and the cost estimate for any tenant damage. It therefore deserves to be precise, photographed and well structured from day one.
