Banning Airbnb in your co-ownership: is it possible?
Yes, but not through a simple clause in the house rules. A Belgian co-ownership can ban or regulate holiday letting by amending its articles, by a four-fifths majority of the votes and before a notary. In Brussels, a co-owner cannot register anyway without the written consent of the general meeting.
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On Friday evening, suitcases roll up the stairs. On Sunday, a key box hangs from the door handle on the second floor, and the front door is left open more often than before. You are not the only one annoyed by it, and the question comes up at the next meeting: can we ban Airbnb in the building?
Yes. But the route is narrower than people think, and it does not go through the house rules (ROI). And Brussels and Flanders do not give the co-ownership the same tools.
Can a co-ownership ban Airbnb?
It can, by amending its articlesGlossaryThe deed of division and the co-ownership regulations taken together. They must be drawn up by authentic (notarial) deed, as must any amendment to them, and transcribed to be enforceable against third parties. See the glossary. Letting your apartment to tourists is part of the use of your private part. Restricting that use touches the rights and obligations of the co-owners set out in the co-ownership regulations, and therefore the articles themselves.
Two consequences follow. The first is the majority: an amendment to the articles that does not concern only the enjoyment of the common parts requires a four-fifths majorityGlossaryMajority required in particular for other amendments to the articles, including the allocation of charges, a change of use of the building, the division or merger of units, and acts of disposal of common immovable property. See the glossary of the votes (Art. 3.88, § 1, 2°, of the Civil Code). The second is the form: any amendment to the articles is recorded in a notarial deed (Art. 3.85, § 1), then registered.
Take a typical case, built for the example: twelve apartments in Ixelles, 10,000 votes in total. On the day of the meeting, 8,200 votes are present or represented. If 6,100 vote for the ban, 1,400 against and 700 abstain, you set 6,100 against 7,500 votes cast: 81.3%. The resolution passes, narrowly. If 200 votes switch from yes to no, it falls to 78.7%. The detailed calculation, abstentions included, is in voting rules and majorities.
Why are the house rules not enough?
Because that is not what they are for. The house rules are adopted by private agreement and, outside reserved matters, by an absolute majority. They organise the general meeting (GM), the property manager (syndic) and life together. Writing ‘holiday letting is prohibited’ in them amounts to amending the articles without a notary and with too low a majority.
The temptation is strong, and we understand it: it is quick. So is the risk. The co-owner who lets can ask the court to annul the decision as irregular, and a ban annulled after a year of arguments leaves the building worse off than before the vote. House rules draws the line between what belongs there and what belongs in the articles.
And if the articles say nothing?
This is the most common case. Deeds of division (acte de base / basisakte) drafted before the rise of the platforms say nothing about holiday letting. They do, however, often contain a use clause: ‘private residence’, ‘residential use’, sometimes a ban on running a business.
These clauses can help. Justices of the peace have held that regular letting, night after night, is an economic activity incompatible with use as a private residence. Other readings exist, and occasional letting is easier to defend. No general rule settles the matter. Reread the clause word for word, in the deed of division and its amending deeds, before concluding anything; deed of division and co-ownership regulations explains where to find them.
Brussels or Flanders: who holds the key?
In Brussels, the co-ownership has direct leverage. All tourist accommodation, from one night to 90 consecutive days, must be registered with Brussels Economy and Employment before the first letting. Among the documents required is, for a dwelling in a co-owned building, the written consent of the co-owners' general meeting (be.brussels, consulted on 21.10.2026). Without that consent, no registration number, and so no legal letting. The Civil Code sets no specific majority for this consent; our reading is that the absolute majority applies by default (Art. 3.87, § 8), unless the consent amounts to changing the use of a unit.
In Flanders, the building has no such lock. Anyone who lets tourists stay overnight for payment, including occasionally and through Airbnb or another booking platform, must register the accommodation with Toerisme Vlaanderen, and only after registering do you receive a registration number and may welcome guests (Toerisme Vlaanderen, consulted on 23.10.2026). The accommodation must meet the basic standards of the Flemish Accommodation Decree (Logiesdecreet), and a tourist accommodation can only be operated on the basis of a fire safety certificate A (attest A) (fire safety order for accommodation, Toerisme Vlaanderen, in Dutch). The registration page mentions no consent from the co-ownership. The articles therefore remain the building's only lever. Also check with your municipality whether local rules apply.
| Your situation | What to do |
|---|---|
| Brussels, a neighbour lets without the meeting's consent | Ask the syndic whether written consent exists; if not, point out that the registration cannot be regular |
| Brussels, a co-owner asks for the meeting's consent | Have the request put on the agenda and vote, possibly with written conditions |
| Flanders, the articles are silent | Reread the use clause, then propose an amendment to the articles by four fifths |
| Articles that already ban it | Have the syndic serve formal notice on the co-owner, then go to the justice of the peace if necessary |
| The ban only appears in the house rules | Have it written into the articles by notarial deed before relying on it |
| You want to let and a ban has just been voted | Check the majority and the form; challenge it within four months if it is irregular or abusive |
How do you get the ban voted without having it annulled?
Everything happens before the meeting. A solid proposal includes:
- the exact wording of the clause, as it will be taken into the notarial deed;
- a definition of what is covered (length of stay, number of nights per year, letting a room or the whole dwelling);
- any exceptions, for example letting a home during your own holidays;
- the majority required, four fifths, stated in the notice;
- the appointment of the notary who will draw up the deed and how the costs are shared.
A clause that is too broad, one that would also ban ordinary long-term letting, opens the door to an accusation of abuse. Target what causes the problem, not everything else.
What if a neighbour lets anyway?
Write to the syndic, who is responsible for enforcing the meeting's decisions. He sends the co-owner a formal notice. If nothing changes, the association can go to the justice of the peaceGlossaryJudge with jurisdiction, since 1 January 2019, over all disputes relating to the co-ownership of buildings, whatever the amount claimed. A clause in the articles that would refer such disputes to an arbitrator is deemed unwritten. See the glossary, after free conciliation if the parties agree to it.
The other way round, a co-owner who feels wronged by the ban has four months from the date of the meeting to ask for it to be annulled (Art. 3.92, § 3). After that, the decision in principle binds him. The procedure is described in challenging a GM decision.
Our reading: regulate before banning
In a building where a single apartment is let a few weekends a year, a total ban by four fifths risks dividing more than it protects. A clause setting a cap on nights and rules for handing over keys often solves the problem. When turnovers become weekly and the front door no longer shuts, a ban is justified, and it stands up better before a court if the meeting first tried to regulate.
Frequently asked questions
My articles say nothing about holiday letting: can I let on Airbnb?
No express ban stops you, but a use clause (‘private residence’, ‘residential use’) can be invoked against regular letting, and justices of the peace have already done so. In Brussels the question is settled differently: without the written consent of the general meeting, the Region does not register the accommodation.
Can the house rules ban short-term letting?
We advise against it. A ban of this kind restricts the use of the private parts: it belongs in the articles, which require a notarial deed (Art. 3.85, § 1, Civil Code). Voted as a simple clause in the house rules, it can be annulled by the court.
What majority is needed to ban Airbnb in the building?
In principle four fifths of the votes of the co-owners present or represented, since this is an amendment to the articles that does not concern only the common parts (Art. 3.88, § 1, 2°). Abstentions, blank and spoilt votes do not count as votes cast (Art. 3.87, § 8).
Does the decision have to go through a notary?
Yes. The articles and any amendment to them must be recorded in a notarial deed (Art. 3.85, § 1), then registered to be enforceable against third parties, including a future buyer.
Can you regulate without banning?
Yes. A minimum length of stay, a maximum number of nights per year or a duty to inform the syndic are written into the articles in the same way. The rules for living together in the common parts (handing over keys, noise in the hall, rubbish) belong in the house rules.
What can the syndic do about a co-owner who lets despite the ban?
The syndic is responsible for enforcing the meeting's decisions: he first sends the co-owner a formal notice in writing. If the letting continues, the association can go to the justice of the peace, who has jurisdiction over all co-ownership disputes.
I rent in Brussels: can I sublet my apartment to tourists?
Not without two written consents. For registration, Brussels Economy and Employment asks for a copy of the lease and the owner's written consent, and, if the building is in co-ownership, the written consent of the general meeting.