According to Article 1724 Belgian Civil Code the tenant must consent to the landlord carrying out urgent repair works when this cannot be delayed until the expiry of the lease contract. This applies even if part of the premises cannot be used by the tenant due to these works. If however the execution of these repair works exceeds 40 days, the lease price is reduced pro rata the duration of these works and the part of the let premises cannot be used by the tenant as a consequence thereof.
In the case of residential leases, Article 1724 provides that, if the execution of such urgent repair works causes the residential building to become inhabitable, the tenant may request the dissolution of the residential lease contract.
Parties are however free to exclude or limit the application of this provision in their lease contract.
For the execution of works which have the intention to increase the energy efficiency of the building, Article 1724 will not apply as in most cases such works will not be considered as “urgent repairs which cannot be delayed until the expiry of the lease”. Consequently, the landlord does not have the right to carry out such works unless this is explicitly provided for in the lease contract.