A tenant disputes the deductions from their deposit. Your check-in inventory? A PDF signed on a tablet and sent by email. The question you are asking yourself: will a justice of the peace accept it? The answer is yes — but under three cumulative conditions that the majority of estate agencies do not all meet.
The Belgian legal framework 2026: what does the law say?
The equivalence of electronic and handwritten signatures
Article XII.15 of the Belgian Code of Economic Law establishes the basic principle: an electronic signature cannot be refused as evidence solely on the grounds that it is in electronic form. In other words, a digitally signed inventory of fixtures has, in principle, the same value as one signed by hand, provided that the signature is valid.
Source: Belgian Code of Economic Law, Book XII
The eIDAS Regulation: the European framework
European Regulation EU No 910/2014 of 23 July 2014, known as "eIDAS", establishes the common framework for electronic signatures across the European Union. It applies directly in Belgium without requiring transposition. It is this regulation that defines the three levels of signature.
Source: eIDAS Regulation EU 910/2014 — EUR-Lex
The three levels of electronic signature
The eIDAS Regulation distinguishes three levels, ranked in order of increasing probative value:
1. Simple Electronic Signature (SES) Any digital element that identifies the signatory: a name typed at the bottom of an email, a signature image inserted into a PDF. Level of proof: weak. In the event of a dispute, you must prove that it was indeed that person who signed.
2. Advanced Electronic Signature (AES) Uniquely linked to the signatory, enables their identification, and detects any subsequent modification of the document. This is the minimum required level for an enforceable inventory of fixtures. The vast majority of professional property tools operate at this level.
3. Qualified Electronic Signature (QES) The highest level. Equivalent to a handwritten signature without reservation. It relies on a qualified certificate issued by an approved trust service provider (list: Belgian Trusted List). More demanding to obtain, it remains rare in the residential letting context.
For an inventory of fixtures, which level to choose? The advanced signature (AES) is sufficient and recognised by Belgian courts. The qualified signature offers maximum probative comfort but is not required. The simple signature alone is insufficient — it does not withstand a serious challenge.
The 3 cumulative conditions for a valid digital inventory
A digital inventory of fixtures is only legally sound when these three conditions are met simultaneously.
Condition 1 - Identification of the signatory
The signature must be uniquely linked to the signatory. This means the system must have verified the person's identity before they sign.
What works: verification by Belgian eID card (via reader or scan), by NFC-enabled passport, or by video-identification (video onboarding with selfie and identity document). Electronic signature providers such as Connective, DocuSign (advanced plan) and Universign offer these mechanisms.
What doesn't work: a simple email sent to the tenant's address, followed by a click on "I sign". Without prior identity verification, the resulting electronic signature is only at simple level — insufficient if the tenant disputes it.
Concrete example: The estate agency sends a signing link to the tenant. They click, type their first name, and confirm. In the event of a dispute, the tenant says "I never signed". Without a robust identification log, the agency cannot prove it was actually them. Result: the document is unenforceable.
Condition 2 - Inseparable link between the signature and the document
The signature must be cryptographically "attached" to the content of the inventory at the moment of signing. This involves cryptographic hashing (SHA-256 hash or equivalent): a unique fingerprint of the document, sealed with the signatory's private key.
What works: any system that generates a signing certificate mentioning the hash of the signed document and a timestamp. The resulting PDF includes the signing information in its metadata. Verifiable for free in Adobe Acrobat Reader.
What doesn't work: a PDF sent by email, printed, signed by hand, then rescanned and returned. The cryptographic chain is broken. The original digital document no longer exists as such.
Concrete example: Two versions of the document are in circulation — the original and a modified one. Without a hash, it is impossible to prove which version was signed. With a hash, any subsequent modification of the document invalidates the signature and becomes instantly detectable.
Condition 3 - Detection of subsequent alteration
The system must guarantee that the document has not been modified after signing. This is the seal mechanism and the audit trail.
What works: a PDF/A file with an embedded cryptographic signature, accompanied by an exportable timestamped audit trail (who signed, when, from which IP address, after which identity verification). This log is kept by the signature provider.
What doesn't work: a Word file or editable PDF sent after signing. Any word processor can modify it without leaving any visible trace.
These three conditions correspond exactly to the criteria for an advanced electronic signature as defined in Article 26 of the eIDAS Regulation.
Operational advantages over paper
A digital inventory of fixtures is not only more legally robust. It concretely changes the day-to-day management of estate agencies.
1. Automatic and incontestable dating Electronic timestamping (RFC 3161) certifies the exact date and time of signing. No more tenants claiming "I signed it 3 weeks ago, not on the move-in day". The date is cryptographically fixed.
2. Geolocated and timestamped photos Digital inventory tools manage photos taken on site, with GPS coordinates and timestamps embedded in the EXIF metadata. A photo of the stain on the wall with the date and GPS position is evidence that paper cannot offer.
3. Automatic archiving for 5 years The Walloon Decree of 15 March 2018 requires the lease and the inventory of fixtures to be kept for the entire duration of the tenancy and beyond. Secure digital archiving, with redundancy and proof of non-modification, is infinitely more reliable than paper filing.
4. Enhanced enforceability in the event of a dispute A justice of the peace faced with a digital inventory with a complete audit trail and a paper inventory with a handwritten signature that is difficult to authenticate will favour the document with the most complete chain of evidence. A well-executed digital inventory wins this comparison.
5. Real-time multi-party access The landlord, the agency's property manager, the tenant, and the judge (on request) can all access the same reference document. No "I have a different version" or lost copies.
On the dilapidation grid: the digital inventory directly interfaces with the 2024 indicative dilapidation grid drawn up by the Centre d'études en habitat durable de Wallonie (CEHD). Estate agencies can attach it as a digital annex at the time of signing, ensuring both parties are informed of the reference framework at check-in. Source: CEHD 2024 grid. See also our article rental deposit in Wallonia: avoiding the pitfalls at the end of the lease, which details how this grid applies at the time of restitution.
5 mistakes that invalidate a digital inventory
Mistake 1 - Print then rescan
This is the most common mistake. The inventory is prepared on software, printed, signed by hand by the parties, then scanned and archived as a PDF. The electronic chain is severed. What remains is a digitised paper document, not a signed electronic document. It has no valid electronic signature.
Mistake 2 - WhatsApp photos with no verified timestamp
Photos sent via WhatsApp undergo compression that erases or alters EXIF metadata (date, GPS). A WhatsApp screenshot proves nothing about when the photo was taken. Always use photos directly from the inventory tool, which manages the metadata itself.
Mistake 3 - Signing on screen without identity verification
Having someone "draw" their signature with a finger on a touchscreen does not constitute an advanced electronic signature. It is an image of a signature — simple level, insufficient. Without prior verification of the signatory's identity (eID, passport, video), the document is not enforceable if challenged.
Mistake 4 - Modifiable document after signing
Sending a Word file, a Google Doc or an unsealed PDF after signing means anyone can modify it. A good electronic signature system locks the document at the moment of signing and makes any subsequent modification detectable (the signature becomes invalid if the document changes).
Mistake 5 - No archiving with proof of non-modification
Keeping the signed PDF on a local hard drive or in an email folder is not sufficient. In the event of a dispute, how do you prove the file was not modified between signing and the trial? Archiving with qualified timestamping (RFC 3161 compliant, IETF RFC 3161) and a certified digital safe is the only solution.
Recommended procedure: digital inventory in 7 steps
Here is the sequence that serious estate agencies apply to make every inventory of fixtures irrefutable.
Step 1 - Schedule the appointment with prior written agreement Confirm by email or SMS the time and location. This agreement constitutes a record of the adversarial convocation required by Article 27 of the Walloon Decree. If the tenant does not attend without justification, this record proves they were convened.
Step 2 - Verify the identity of the parties At the start, verify the Belgian eID card or passport of each signatory. If the inventory software includes an identity verification module (NFC scan of the eID chip, for example), use it. If not, note the identity document references in the inventory report.
Step 3 - Carry out the inventory with geolocated and timestamped photos Use an inventory tool that automatically generates GPS metadata and a timestamp for each photo. Describe each room systematically, room by room, surface by surface. Granularity protects you: a justice of the peace can only retain what is documented.
Step 4 - Insert the CEHD 2024 dilapidation grid by default Attach the 2024 indicative dilapidation grid as an annex to the inventory document before signing. Both parties thus sign to confirm they are aware of the reference framework. In the event of a dispute over deductions, the landlord can demonstrate that the tenant was informed of the depreciation rules at check-in.
Step 5 - Obtain electronic signatures from both parties Send the document via an advanced electronic signature system. Both parties sign digitally, ideally on site with identity verification. If one party signs remotely, ensure the system requires prior identity verification before signing.
Step 6 - Archive with qualified timestamping Once signed, archive the document in a certified digital safe or via an eIDAS-compliant approved trust service provider (TSP). Qualified timestamping (RFC 3161) certifies the date of deposit and guarantees integrity over time. Some providers include this archiving directly in their offering.
Step 7 - Deliver a copy to the parties within 7 days This is good practice rather than a legal obligation for the inventory itself, but it prevents any subsequent dispute over the delivery of the document. Send an email with a link to the signed and archived document, with an acknowledgement of receipt.
Special cases
Adversarial inventory in the event of a dispute
If a dispute arises after the end of the tenancy, the estate agency that produces a digital inventory has a significant probative advantage: the complete audit trail (who signed, when, from which IP address, after which verification) is exportable and legible by a judicial expert. A paper inventory with a handwritten signature whose authenticity is disputed is far harder to defend before the justice of the peace.
Belgian case law is progressively recognising digital documents. The clerks' offices of justices of the peace accept PDF documents with electronic signatures. The question is no longer "is this acceptable?" but "was it correctly signed?" — hence the importance of the three conditions set out above.
Inventory in the event of an urgent exit
Some estate agencies believe that urgent exits (death, hospitalisation, disaster) exempt them from the formalities of a digital inventory. This is incorrect. The Walloon Decree provides no exemption for urgent exits. If an adversarial inventory is not possible (tenant absent), the property manager must have the condition of the property recorded by an expert appointed by the justice of the peace. A digital inventory carried out unilaterally in an emergency has very limited probative value.
Tenant who refuses to sign electronically
A tenant may validly prefer to sign by hand. The move to digital is not a legal obligation for the parties. In that case, two options:
- Reprint the document and have it signed by hand, then scan and archive it as a paper document (without claiming it is electronically signed).
- Offer a simple electronic signature (link by email) as a complement to the handwritten signature — the handwritten document remains the primary reference.
The Belgian Data Protection Authority (APD/GBA) recalls that the processing of biometric data (fingerprint scan, eID chip scan) in the context of electronic signature requires an explicit legal basis. Identity verification must be proportionate and its purpose clearly explained to the tenant. Source: APD — electronic signature and data protection
Key takeaways
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A digital inventory has the same legal value as a paper inventory — provided the electronic signature is at least at advanced level (AES), compliant with eIDAS Regulation EU 910/2014 and Article XII.15 of the Belgian Code of Economic Law.
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Three cumulative conditions are non-negotiable: identification of the signatory, inseparable cryptographic link between signature and document, detection of any subsequent alteration.
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The most common mistakes (rescan, WhatsApp photos, graphic signature without verification, modifiable document, no certified archiving) render the inventory unenforceable in the event of a challenge.
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The 7-step procedure — scheduling, identity verification, geolocated photos, CEHD grid, advanced signature, RFC 3161 archiving, copy delivery — covers all legal and practical requirements.
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The tenant who refuses electronic signing has that right. The paper procedure remains valid. What matters is that the document is drawn up adversarially, dated, and correctly archived whatever the form.
Resources
Related articles
- Rental deposit in Wallonia: the checklist to avoid pitfalls at the end of the lease: CEHD 2024 dilapidation grid, release of deposit, legal recourse
- Cohabitation lease in Wallonia: the 5 legal pitfalls to avoid: managing the inventory of fixtures when co-tenants change
- Rental indexation: should you stay loyal to an old base year?: indexation calculation and lease updates
Primary sources
- Belgian Code of Economic Law (Book XII, art. XII.15): ejustice.just.fgov.be
- eIDAS Regulation EU 910/2014 (art. 25 to 34): EUR-Lex
- Belgian Data Protection Authority (APD/GBA) — electronic signature: autoriteprotectiondonnees.be
- CEHD 2024 indicative dilapidation grid: cehd.be
- RFC 3161 — timestamping protocol: IETF RFC 3161
- List of approved trust service providers in Belgium (TSL): tsl.belgium.be
- Walloon Decree of 15 March 2018 on residential leases: etaamb.openjustice.be