Leaking tap, toilet cistern, pipe or water heater in a Brussels rental: who pays the plumber, tenant or landlord?

Short answer: In Brussels, tenants pay for upkeep and small repairs on the official list, including descaling, tap washers and toilet floats. Landlords pay for repairs caused by age, normal wear, defects or force majeure, unless the tenant is at fault. The cause matters as much as the part. Report the leak promptly to the landlord, even in an emergency, and keep written evidence.

Published on 23 October 2026 · Updated on 23 October 2026

The Brussels rule: upkeep = tenant, wear and age = landlord

According to be.brussels, the tenant carries out tenant-type repairs and upkeep during the lease, except what is caused by age and wear or force majeure. The landlord does all the other repairs needed for normal use of the home.

• Tenant's side (official examples): descaling taps, cleaning seals and filters, servicing and periodic checks of the boiler.
• Landlord's side (official examples): repairing worn taps and fittings, replacing a faulty boiler, repairing broken waste pipes and any problem linked to the age of the property.
• Exception: the tenant remains responsible for repairs caused by their own faulty behaviour (a tap forced to breaking point, a toilet bowl broken by the tenant, additional damage from an unreported leak).
• Mandatory: the Brussels Government has published a list of the main repairs and upkeep for each party (decree of 23 November 2017, in force since 1 January 2018). The parties cannot depart from it, so a lease clause putting everything on the tenant changes nothing on this point.

The list is 'non-exhaustive': a fault that is not on it is judged under the general principles above.

Table: who pays depending on the fault

Tenants pay for the listed small repairs; landlords pay for other necessary repairs, notably those caused by age. Annex 1 of the Brussels decree covers taps (entry 27), toilets (28), plumbing (21) and water heaters (9). Its general principles assign repairs caused by age, normal wear, defects or force majeure to the landlord, unless the tenant is at fault. Ask for the cause to be identified, not just the failed part.

Brussels, Flanders, Wallonia: what differs

The principle is the same in all three regions (wear = landlord, upkeep = tenant), but the detailed list differs. Housing is a regional competence, so the address of the home and the date of the lease matter.

• Brussels: mandatory government list (art. 223 of the Brussels Housing Code, decree of 23 November 2017). The regional webpage gives general examples; the annex also assigns tap washers and toilet floats to the tenant, subject notably to the age and normal-wear exceptions.
• Flanders (leases signed since 1 January 2019): the official list asks the tenant to repair leaking taps unless the tap has to be replaced entirely, to replace the float of a leaking toilet unless it is inaccessible, and to replace the flush cord and handle. It also asks the tenant to descale the water heater. The age, normal-wear and force-majeure exceptions still apply. For older leases, check the rules applicable to the contract date.
• Wallonia: according to Droits Quotidiens, the tenant pays upkeep, tenant-type repairs and damage they cause, not what comes from wear and age or force majeure; the landlord pays the other repairs.

If you rent in Brussels, the Brussels list prevails, even if you have read advice written for Flanders or France.

Warning the landlord in writing: why and how

Report the leak promptly: the Brussels annex requires tenants to notify the landlord of faults within a reasonable time. Failure to report can make you liable for worsening damage. Keep a written record.

1. Limit damage: close the stopcock or main supply if safe to do so.
2. Take photos of the leak, appliance and damage; record the date.
3. Write to the landlord: location, date discovered, photos and a request to arrange repairs or approve a quote. Ask for confirmation of receipt.
4. If damage is continuing and cannot wait, seek help to make the situation safe while notifying the landlord. Agree in writing who orders and pays where possible; do not assume reimbursement.
5. Keep messages, quotes, the itemised invoice and the recorded cause.

Suggested message: ‘I am reporting a leak in the home, photos attached. I have shut off the water. Could you arrange repairs or confirm approval of an intervention and its cost?’ Adapt it to the facts; do not assume age is the cause before diagnosis.

If the landlord does not respond

Send a written reminder describing the problem, your earlier attempts to resolve it and a request for repairs within a time appropriate to the urgency. Registered post can help document your action: this is practical evidence advice, not a universal statutory deadline.

• Before advancing substantial costs, seek written agreement or legal advice on the procedure. Do not let emergency damage limitation become a full replacement without clarifying consent and costs.
• Seek agreement: be.brussels mentions mediation and conciliation. Rental disputes are generally within the jurisdiction of the justice of the peace; first-line legal aid can guide you.
• Do not deduct the invoice from rent yourself or suspend payments without legal advice. Be.brussels warns that the exception of non-performance requires caution and that non-payment can lead to court proceedings.

An emergency intervention does not by itself settle who bears the cost. Keep evidence of the urgency, attempts to contact the landlord and strictly necessary work.

Proof, invoice and insurance: avoiding a dispute

The plumber's itemised invoice helps establish the cause but does not by itself determine liability: ask it to state the appliance, the part replaced, the cause found (limescale, wear, breakage, corrosion) and the apparent age of the installation.

• Compare with the move-in inventory of fixtures: a tap that was already worn at the start points to wear and age.
• Have it noted whether the leak comes from a concealed pipe or an old fitting: ask for the cause to be identified rather than assigning responsibility from location alone.
• For a leak after the water meter and a huge water bill, read our guide to water leaks after the meter in Brussels.
• For ceiling damage or damage to a neighbour's home, ask your insurer which damage and costs might be covered, what excess applies and what evidence to provide. Do not assume repairing the leak itself is covered.
• For market prices, see our Brussels plumber price guide.

Even when you must pay, ask for a written quote or estimate before non-emergency work.

For a quick response to a leak, a toilet cistern or a water heater, see the plumber in Brussels page or the plumbing hub.

• be.brussels : répartition des réparations entre le locataire et le bailleur (Code bruxellois du Logement, art. 223)
• Arrêté du Gouvernement bruxellois du 23 novembre 2017 : liste non limitative des réparations (M.B. 8-12-2017)
• Moniteur belge, 8 décembre 2017, pp. 108687–108691 : annexe 1, principes généraux et lignes 9, 21, 27 et 28 (texte vérifié visuellement)
• be.brussels : résoudre les conflits locatifs (juge de paix, médiation, exception d'inexécution)
• Vlaanderen.be : onderhoud en herstellingen aan huurwoningen
• Vlaanderen : brochure Woninghuurdecreet, lijst van kleine herstellingen (contracten sinds 1/1/2019)
• Huurdersbond : welke herstellingen zijn voor de huurder en welke voor de verhuurder?
• Droits Quotidiens : quelles réparations dois-je faire et payer si je suis locataire ? (Wallonie)