When a tenant asks for fibre optic installation in a rental condominium, two consents coexist: the building’s for the common parts, the landlord’s for the flat. The building manager (syndic) can only refuse fibre installation in the building on three grounds set by law. The rest, from timelines to the move-out inventory, is for the agency to steer.

The tenant’s request touches two spaces that do not follow the same rules. The ducts, the cellar and the stairwell are common parts. For them, Article 3.82 of the Civil Code sets up a specific regime. It covers individual co-owners and approved operators. They have, by law and free of charge, the right to install cables and equipment in or on the common parts. The tenant is not mentioned: in practice, the request goes through the operator, or through the landlord. The flat itself is governed by the lease. Where no fibre-ready in-building infrastructure exists, the EU Gigabit Infrastructure Act lets the operator bring its network into the subscriber’s premises. This is “subject to the agreement of the owner and/or the subscriber, in accordance with national law” (Article 11). The agency therefore obtains the landlord’s written consent for works inside the home. It leaves the common-parts procedure to the operator.

Can the syndic refuse fibre installation?

Not freely. Whoever wants to install the infrastructure first writes to the syndic, or to all co-owners if there is none. At least two months before the works, they send a registered letter describing the works and justifying the expected improvement. The co-owners or the association of co-owners may lodge an objection by registered letter within two months of receipt. After that deadline, they lose this right. The objection must rest on a legitimate interest, which Article 3.82 limits to three situations. Such infrastructure already exists in the common parts concerned. The works cause significant damage to the building’s appearance, to the use of the common parts, to hygiene or to safety. Or they bring no improvement to the infrastructure, or even increase the financial burden on other co-owners or users. A refusal in principle is therefore not provided for by the text. And the article reserves the objection to the co-owners or their association, not to the syndic alone.

What the syndic does, and what it does not do

Seen from the agency, the syndic’s role comes down to a few points drawn from Article 3.82:

  • it receives the registered letter from the operator or the co-owner, and the objection period runs from that receipt;
  • it is the partner for consultation: the installer undertakes to consult it in good faith;
  • it may follow the works at any time and request information from the operator;
  • it does not charge a fee for access: the right is granted free of charge;
  • it does not refuse without one of the three legal grounds.

The association of co-owners may also decide to carry out the works itself. It must then start them no later than six months after receipt of its own registered letter.

Yes, and it is not new. The Act of 21 March 1991 covers any operator of a public electronic communications network. It authorises the operator to use the public domain and properties to lay its cables (Article 97). Article 99 allows it, free of charge, to fix supports on walls and façades facing the public road. It first seeks an agreement with the owner. Failing that, it sends a registered letter describing the location and the method. The owner then has eight clear days to lodge a reasoned complaint with the BIPT. This complaint suspends the works, and the BIPT decides within a month. Finally, Article 100 covers connection works in buildings. The owner and the right holder must tolerate them, unless they agree to bear the extra cost of a counter-proposal. The cables remain the operator’s property, even when installed in the common parts (Article 97(2)).

EU law strengthens this base. Regulation (EU) 2024/1309, applicable since 12 November 2025, repeals Directive 2014/61/EU. Its Article 11 gives the operator the right to access existing in-building physical infrastructure where duplicating it is technically impossible or economically inefficient. The holder of the right to use that infrastructure must meet reasonable written requests, under fair, reasonable and non-discriminatory terms.

What timelines should be expected between the request and the connection?

The legal deadlines only concern the procedure. None of the texts cited sets a deadline for the commercial connection itself.

Step Deadline Source
Registered letter to the syndic before works in the common parts At least 2 months before Civil Code, Art. 3.82
Objection by the co-owners or the association 2 months after receipt Civil Code, Art. 3.82
Works carried out by the association itself Start no later than 6 months after receipt of its registered letter Civil Code, Art. 3.82
Complaint against fixing on a façade 8 clear days Act of 21 March 1991, Art. 99
BIPT decision on the complaint 1 month Act of 21 March 1991, Art. 99

For the agency, the consequence is simple: if the building is not yet equipped, the tenant waits at least two months. It is best to say so as soon as the request comes in.

Who pays for fibre installation in the building?

For the common parts, the law keeps the cost away from the co-ownership. Article 3.82 only opens the right to install if the other co-owners and the association bear no financial burden. Whoever installed the infrastructure on their own account remains its owner. Under the EU regulation, the operator rolls out its network “at its own costs up to the access point” (Article 11). What happens next inside the flat is first a matter for the contract between the tenant and their operator. Yet the agency has an interest in settling a question that this contract often ignores: who handles the finishing. A cable duct, a filled-in hole or a moved socket can set landlord and tenant against each other at move-out. The safest course is to write these points into the landlord’s written consent. State the cable route, the socket location and the number of holes. Also specify whether the installation stays in place when the tenant leaves. This document avoids having to reconstruct, three years later, what had been authorised.

What should be done if damage occurs during the works?

Article 3.82 requires the installer to carry out the works in the way that causes the least possible nuisance to the occupants. The co-owners, the occupants and the syndic may follow the works and request information from the operator. Neither this article nor Articles 97 to 100 of the 1991 Act provide a specific procedure for damage. Everything therefore rests on evidence. The agency can:

  • photograph the flat before the technician’s visit, with the tenant;
  • ask the syndic for dated photos of the common parts concerned;
  • report any damage in writing to the operator, copying the landlord and the syndic;
  • add the after-works photos to the property file.

If the landlord has to claim a repair, these documents make the difference. Gathering them follows the same logic as a digital inventory: dated photos, attached to the right home.

What should be checked at the move-out inventory?

In Brussels, Article 220 of the Brussels Housing Code makes Articles 1730 and 1731 of the Civil Code applicable to all residential leases. Article 1730(2) is useful here. If significant changes are made to the premises after the inventory, either party may require an addendum, drawn up jointly and at shared cost. Article 1731(2) sets the move-out rule: the tenant must return the property as received, according to that inventory. Only wear and tear and force majeure are exceptions. Without an addendum, a fibre socket and its holes can therefore be argued over as an alteration of the home. With an addendum and the landlord’s written consent, the question is settled in advance. In Wallonia, these two articles were repealed for residential leases by the decree of 15 March 2018. So check the text that applies in the property’s region. Move-out disputes are covered in our article on end of lease, damage and arrears.

How does the agency follow the request from start to finish?

  1. Receive the request in writing, on a traceable channel. Our article on WhatsApp and tenants recalls the limits of messaging apps.
  2. Check the building: syndic’s contact details, infrastructure already present, any registered letter received.
  3. Obtain the landlord’s written consent for works in the private part: route, socket, holes, what happens to the installation at departure.
  4. Inform the tenant of the timelines, including the two months of the common-parts procedure.
  5. Document before and after: dated photos of the home and, through the syndic, of the common parts.
  6. Close: addendum to the inventory, property file completed, owner informed in their management report.

Will new buildings be fibre-ready?

Gradually. Article 10 of Regulation (EU) 2024/1309 covers new buildings and major renovations. It applies where the building permit application is submitted after 12 February 2026. They must be equipped with fibre-ready in-building physical infrastructure and in-building fibre wiring. The multi-dwelling buildings concerned also receive an access point. In Belgium, an Act of 11 March 2026 inserted an Article 28/1 into the Act of 13 June 2005. In force since 6 April 2026, it tasks the King with defining the technical specifications. In mid-June 2026, the BIPT was still publishing a proposal for a royal decree.

How does Seido help follow a fibre request?

Managing several properties? In Seido, the tenant’s request becomes an intervention tracked step by step, from report to closure. The tenant sees where their request stands without calling you. The before and after photos stay on the record, useful on the day of the move-out inventory. See how real-time intervention tracking works.

Frequently asked questions

Can the landlord refuse fibre in their flat?

For works inside the home, their consent matters. The EU regulation makes the connection in the subscriber’s premises subject to the owner’s and/or subscriber’s agreement, under national law. For the common parts, however, the objection follows Article 3.82. It is lodged within two months, on one of the three legal grounds. The agency therefore has an interest in presenting the landlord with a precise request: route, socket, holes.

Is a general meeting vote required?

Article 3.82 of the Civil Code does not provide for a prior vote. It sets up a notification by registered letter, at least two months before the works, followed by a two-month objection period. The objection must rest on a legitimate interest limited to three situations. Without an objection within that period, the co-owners and the association lose their right to oppose.

Do the installed cables belong to the co-ownership?

No. Under Article 3.82, whoever installed the infrastructure on their own account remains its owner, even if it is located in the common parts. The Act of 21 March 1991 confirms this for the operator: its cables remain its property, even when installed in the common parts of a building. Nor does the co-ownership bear the financial burden.

Must the tenant remove the fibre when leaving?

It all depends on what was agreed. In Brussels, the tenant must return the home as received, according to the inventory, except for wear and tear or force majeure. An installation authorised in writing and recorded in an addendum to the inventory raises no difficulty. Without a written record, the socket and holes can be argued over at move-out. Hence the value of settling this point at installation.

Sources and references

Last updated: October 2026. This article is provided for information purposes only and does not constitute legal advice. For any specific situation, consult a real estate law professional.