Fire in your rental apartment: who is liable?

Who is liable if a fire breaks out in your rental apartment or house? Is it the tenant or landlord? Here’s all the information in a row.

1. Tenant and landlord responsibilities

According to the Flemish Housing DecreeAs a tenant as well as a landlord, you are obliged to insure against fire and water damage:

(re)renting a rental property as a primary residence.
have a lease that started after Jan. 1, 2019.

2. Landlord responsibilities

Every home in Flanders must meet the smoke detector requirement. The smoke detector requirement does not apply if the building has an automatic fire detection system with a central station.

2.1. Verplichte rookmelders

As a landlord, you are required to purchase and install one smoke detector per floor in all homes. For basements and attics: Install at least one smoke detector if:

there is a technical installation* there.
Whether you have direct access to it and can enter it normally and immediately. E.g. You enter the space through a hatch or (fold-out) ladder.

One smoke detector is sufficient for a common basement area in which there are several individual basements. For apartments: Install at least one smoke detector per each shared space containing a technical installation*. For student rooms: Install at least one smoke detector per (student) room.

2.2. Wat valt er onder de term “technische installatie”?

*A technical plant is a plant with electrical power or a plant that produces heat and is permanently connected to the building. Technical installations are:

boilers.
charging points.
inverters.
elevator machines.
home batteries.
ventilation units.
fuse boxes.
heat pumps.
air conditioners.
water softeners.
boilers.
photovoltaic systems.
…

Technical installations are not:

modems.
gas meters.
light points.
switches.
water meters.
outlets.
household appliances.
…

2.3. Verplichte brandblussers

As a landlord, you are required to provide fire extinguishers in the common parts of the apartment or house if the building:

older than 1994.
consists of more than 2 building levels.
is greater than 100 m².

3. Tenant responsibilities

As a tenant, you are required to replace the batteries of smoke and CO detectors in a timely manner and arrange periodic inspection of fire extinguishers. Want to know more about where best to place smoke detectors and what checks exist? You can find out in this article.

4. Who is liable?

Liability depends on the cause of the fire. The general rule is that the tenant is liable for fire or water damage unless he/she proves that the fire occurred through no fault of his/her own:

for force majeure: lightning strike.
for defects in the property that are the responsibility of the landlord: outdated electrical system.

5. Prevent fire

Fortunately, we have helpful tips for preventing fires.

Sources: The Times, Flanders

Would you like to cite this article as a source? Then use:

C. (2024, Nov. 5). Fire in your rental apartment: who is liable? Apartment.com. Consulted on (date XX/XX/202X), from https://www.appartement.be/verantwoordelijke-brand-huurappartement/

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