One of the most common misconceptions in construction law is the belief that a contractor automatically remains liable for ten years for every defect that comes to light after the completion of a construction project.
Based on this assumption, cases often remain untouched for months or even years. They frequently resurface only when it is already (too) late to successfully bring a claim.
Time, then, for a brief clarification. And also for a look at what the future holds.
Current legal framework
Under current Belgian general construction law, contractors and, by extension, architects can be held liable for defects that come to light after completion on two different grounds: on the one hand, for serious defects that compromise the stability or structural integrity of the building and, on the other, for minor hidden defects.
Only serious defects that compromise the stability or structural integrity of the building, which is accepted only in exceptional cases, are subject to an absolute ten-year liability period (Articles 1792 and 2270 of the former Civil Code).
In such cases, a claim is brought in time if it is filed within ten years of the acceptance of the works, usually the provisional acceptance.
Minor hidden defects: two time limits to keep in mind
Minor hidden defects are subject to a different set of rules, with a distinction being made between the warranty period and the period for bringing legal proceedings.
The warranty period or limitation period determines the period during which a contractor or architect can be held liable for such defects. In principle, this period is also ten years from the (provisional) acceptance.
The period for bringing legal proceedings is often the real stumbling block. A claim must also be brought within a reasonable period after the defect is discovered.
In other words, even if the ten-year period has not yet expired, a claim may still be considered late if you wait too long to take action after discovering the defect.
Looking ahead: Book 7 of the Civil Code
The recent publication of the new Book 7 of the Civil Code in the Belgian Official Gazette already gives us an insight into what the future holds.
Book 7 will enter into force on 1 September 2027 and provides an amended legal framework for service contracts.
It moves away from the traditional distinction between apparent and hidden defects. Instead, one central concept will apply: the lack of conformity.
For defects in conformity that affect the stability or structural integrity of a building, the absolute ten-year liability period will remain in place (Article 7.4.49 of the Civil Code).
Three time limits for other defects in conformity
Under the new rules, the main pitfall will also concern defects in conformity that do not affect the stability or structural integrity of the building. For these defects, the legislator provides for not two, but three separate time limits:
- A ten-year conformity period from the acceptance of the works, during which the contractor can be held liable for defects in conformity (Article 7.4.17 of the Civil Code). This corresponds to the current warranty period.
- A notification period, requiring the client to notify the contractor of the defect within a reasonable period after discovering it (Article 7.4.18 of the Civil Code).
- A two-year period for bringing legal proceedings from the date of that notification (Article 7.4.19 of the Civil Code).
Under the new regime, it will therefore not be enough to keep an eye solely on the ten-year conformity period. The notification period and the period for bringing legal proceedings will be at least as important. If you discover a defect, you will therefore need to act promptly and subsequently initiate legal proceedings within the applicable time limit.
Conclusion: ten years does not mean waiting ten years
The lesson remains the same: a maximum warranty or conformity period of ten years does not mean that you can simply wait ten years before taking action and, if necessary, bringing the matter before the courts.
Whether under the current liability rules or the future Book 7 of the Civil Code, once you discover a defect, it is advisable not to wait. If you remain inactive for too long, you risk the time limit, rather than the defect itself, becoming the biggest problem.
