Introduction
The commercial lease is one of the most structuring contracts for a business. In Belgium, the law of 30 April 1951 on commercial leases organises a lease of 9 years, which is a considerable commitment.
In Brussels, the ordinance of 25 April 2019 also allows a short-term commercial lease, of one year at most. Wallonia adopted a regime of the same type by decree of 15 March 2018. This guide concerns the standard lease.
Yet most entrepreneurs sign their lease without negotiating, accepting the standard terms proposed by the landlord. That is a costly mistake.
This guide presents the 5 clauses to negotiate before signing your commercial lease.
Clause 1: Rent and indexation
The base rent
The initial rent is obviously negotiable. But watch the related items:
- Charges: check what is included and what is separate
- Rental deposit: its amount is negotiable, often expressed in months of rent
- Entry costs: lease premium, key money (pas-de-porte) (to be avoided if possible)
Annual indexation
In Belgium, the lease generally provides for annual indexation of the rent. But you can negotiate:
- A cap on indexation: for example, a maximum of 80% of the index
- An indexation holiday: no indexation for the first 2 years
The three-yearly review
The law allows a request for a rent review at the end of each three-year period, when new circumstances have changed the rental value. Check that the contract does not alter this mechanism to your disadvantage.
Clause 2: Permitted use of the premises
Why the permitted use matters
The permitted use clause defines the activities you may carry on in the premises. A use that is too restrictive can block you if your activity evolves.
What to negotiate
Example to avoid:
"The tenant shall exclusively operate a shoe shop."
Example to prefer:
"The tenant shall operate a retail business, including but not limited to: shoes, leather goods, fashion accessories, and any related activity."
Clause 3: Works
The allocation of works
This is one of the most frequent sources of conflict between landlords and tenants.
Works for the landlord's account (to negotiate):
- Major structural works (roof, load-bearing walls)
- Electrical and fire compliance
- Lifts, central heating
Works for the tenant's account:
- Interior fit-out
- Routine maintenance
- Tenant's repairs
Fit-out works
If you have to carry out significant works to set up your activity:
- Negotiate a rent-free period during the works
- Provide for what happens to these investments if the landlord refuses renewal
- Clarify what happens to the fit-out at the end of the lease
Clause 4: Assignment and subletting
Why this point matters
One day, you may want to sell your business (fonds de commerce) or sublet part of the premises. Without a favourable clause, you will be blocked.
What to negotiate
Assignment of the lease:
- Right to assign the lease together with the business without the landlord's prior consent
- Failing that, mere information (not authorisation) of the landlord
- No pre-emption right for the landlord
Subletting:
- Authorisation to sublet part of the premises
- Define the conditions (a maximum of 30% of the floor area, for example)
Transfer of the business
The law organises the assignment of the lease together with the business, and regulates the landlord's right to object to it. Read the assignment clause in the light of this regime before signing.
Clause 5: Early termination
The three-year periods
The tenant may end the lease at the end of each three-year period (triennat), by giving notice whose duration and form are set by law.
The landlord, for its part, may only end the lease at the end of a three-year period if the contract authorises it, and on the grounds listed by law.
Caution: some leases limit the tenant's right. Check:
- that all three break points are indeed available
- that the notice period remains the statutory one
- the absence of a termination indemnity
The early termination clause
An exit more flexible than the three-year breaks can be discussed. Have its validity checked against the mandatory nature of the law before relying on it.
The deadline for requesting renewal
This is the most costly deadline in the commercial lease. The tenant who wants renewal must request it from the landlord. The form and the time window are set by law, several months before the lease expires. Out of time, the right to renewal is lost.
The request must state the conditions on which the tenant is prepared to conclude the new lease. The landlord then has a statutory period to reply. Its silence has consequences: note the dates as soon as you sign.
The eviction indemnity
Depending on the ground relied on by the landlord who refuses renewal, the law may entitle you to an eviction indemnity. Some grounds give none.
Make sure the contract does not seek to set these rules aside.
Conclusion
The commercial lease is not a "take it or leave it" contract. Many clauses are negotiable, within the limits of the mandatory rules of the law, and their effect is measured over nine years.
Checklist before signing:
- Indexed rent with a cap or an indexation holiday
- Permitted use wide enough to evolve
- Works clearly allocated between landlord and tenant
- Right to assign the lease together with the business
- Three-yearly termination without penalty
- Renewal request dates noted
A lawyer can negotiate these clauses with you and frame your nine-year commitment.
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Translated from the French original published on 25 January 2026. The analysis concerns Belgian and European Union law. Read the French original.