Exercising a liberal activity at home or in a dedicated room

Verified 04 June 2026 - Entreprendre Public Service / Directorate of Legal and Administrative Information (Prime Minister)

The liberal professional has several options to choose his professional premises. He can rent a room entirely dedicated to the exercise of his activity (professional lease) or a room having a part reserved for housing (mixed lease). He may also choose to carry out his activity at home.

In the case of practice in premises exclusively for professional use, a professional lease must be concluded. In accordance with the landlord, it is possible to place this lease under the status of commercial leases. This choice has important consequences, particularly on the duration and renewal of the lease.

Professional lease

The liberal professional may choose to exercise his activity in a dedicated business premises . In this case, he concludes a contract of professional lease.

The activity carried out may be a regulated liberal activity (chartered accountant, doctor, veterinarian, architect, lawyers, etc. ) or unregulated (consultant, management consulting, etc.).

Our sheet "Regulated and unregulated liberal professions" clarifies the distinction.

The professional lease is subject to rules of public policy following:

  • Lease Agreement written
  • Duration of 6 years minimum
  • Termination possible at any time by the tenant: he must notify the landlord its intention to leave the premises with a 6-month notice period. On the other hand, the lessor does not have the possibility to terminate the lease before a period of 6 years.
  • Automatic renewal (« tacit renewal ») after 6 years for the same duration.

FYI  

Any liberal professional who has a premises open to the public must check thelocal accessibility to persons with disabilities.

Professional lease subject to the status of commercial leases

The landlord and the tenant (liberal professional) can decide to place voluntarily the professional lease contract under the commercial lease status. This is a set of rules that applies automatically.

These rules are of public order : it is therefore not possible for the parties to derogate from it.

In addition, the adoption of the status of commercial leases is total: they are all rules of the commercial lease that apply to:

  • Duration of the lease of 9 years
  • Termination of the lease by the tenant every 3 years
  • Right to renewal of the lease at the end of a period of 9 years
  • Payment of a eviction pay by the lessor in case of non-renewal of the lease
  • Rent Review every 3 years or according to a sliding scale clause, etc.

In practice, the liberal professional often carries out his professional activity at home. He can practice at home, in his main residence, only if he meets certain conditions. He can look for a space, part of which will be reserved for housing by signing a mixed lease.

Exercise in his principal residence

A liberal professional who has signed a residential lease may decide to practice his professional activity at his home. This is not always possible and requires several conditions to be met. Indeed, when the professional is tenant, it must in particular verify that its residential lease authorizes the exercise of a liberal activity.

Our sheet on the exercise of a professional activity at home specifies the conditions to be respected.

Please note

When the professional is owner from his place of residence, he must verify that the regulation of the co-ownership authorizes the exercise of a professional activity at home. For more information, it is possible to consult our fact sheet on exercising a professional activity at home.

Exercise in mixed-use premises

The professional may search for premises part of which will be reserved for housing and another for the exercise of his professional self-employment. In this case, he signs a mixed lease agreement which is for professional and residential use.

This contract is subject to the rules of residential lease which are:

  • The duration of the mixed lease is a minimum of 3 years when the landlord is a natural person and 6 years old when the lessor is a legal person.
  • The rent is freely fixed by the parties. Its amount can be revised annually based on theIRL: titleContent.
  • The tenant may terminate the lease with 3 months' notice. In the absence of termination on its part, the mixed lease contract is automatically renewed (« tacit renewal ») for a fixed period of 3 or 6 years.
  • The lessor has the possibility to terminate to the contract only after 3 years or 6 years (depending on the duration of the lease) with a 6 months notice. It must justify specific reasons: taking back the dwelling to live in it, taking back the dwelling to sell it or taking back the dwelling for a legitimate and serious reason (e.g. non-payment of rent).

Tableau - Differences between professional lease, commercial lease and mixed lease (residential and professional)

Professional lease

Commercial lease

Mixed lease (residential and professional)

Duration of the lease

6 years

9 years

3 years for natural person

6 years for legal entity

Early termination of the lease

  • The tenant may give leave in advance, subject to 6 months' notice by registered letter with AR or by act of commissioner of justice
  • The landlord is hired for 6 years. After this period, he can terminate with 6 months notice
  • The tenant can give leave to the expiry of each three-year period (3 years, 6 years, 9 years), at least 6 months in advance, by registered letter with AR or by act of commissioner of justice.
  • The lessor may exercise a replay triennial in any of the following 4 cases:
    • Taking over the building to rebuild it
    • Elevation of the building
    • Resumption to demolish an unsanitary or dilapidated building
    • Taking over the building to transform it into residential space.

The tenant must give leave with 3 months' notice. He must use one of the following means:

  • Registered letter with acknowledgement of receipt
  • Act of Commissioner of Justice (formerly act of judicial officer)
  • Hand delivery against signing or signed receipt.

    • Notice period is shortened to 1 month if the housing is located in a stretched area.

    The landlord cannot give leave (notice) to the lessee that on the date the lease expires for any of the following reasons:

    • Leave to sell
    • Leave for Resumption to Inhabit Housing
    • Leave for legitimate and serious reasons

Renewal of the lease

  • Tacit renewal if neither party gives leave
  • No right to renewal for the tenant. In case of refusal of renewal, no compensation to be paid or justification.
  • Right to lease renewal the terms and conditions of the expired lease.
  • If the lessor does not renew the lease, he must pay a eviction pay unless the tenant has not complied with certain conditions (failure to operate effectively or non-payment of rent)

in the absence of leave, the lease continues under the same conditions.

Rent Review

Not mandatory. Freely fixed in the lease according to the tertiary activity rent index (ILAT) or the construction cost index (CCI).

The rent is obligatorily revised:

Rent revised each year if a clause of the lease so provides in accordance with theIRL: titleContent

Assignment of the lease

Possible unless the lease prohibits it. The lease may provide for specific conditions (drafting of a notarial act, prior agreement of the lessor)

In the context of the sale of the business, the lessor may not refuse the assignment of the commercial lease.

In most cases, the lessor must give his consent before the transfer.

Possible to set in sales a rented accommodation

Sublease of the lease

Possible but the lessor must be informed

Forbidden unless authorized in writing by the lessor

prohibited or allowed under certain conditions.

FAQ