Construction & Contracting

Current developments in construction law 2025: recent case law, the forthcoming Book 7 on special contracts and practical implications for principals, contractors and architects.

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Guide

Construction law Belgium: your rights in building works

A construction contract is more than an offer and a handshake. This guide explains what you, as a client, may expect from your contractor and architect, how you react in the event of non-performance, and which far-reaching changes the upcoming Book 7 of the Civil Code is preparing for the entire construction sector.

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Subcontractor not paid: direct action against the client

A subcontractor who cannot obtain payment from the main contractor is not powerless. Article 1798 of the Civil Code grants a direct action against the client (project owner) — since a Constitutional Court ruling, even extrajudicially via registered letter. But conditions apply, and the bankruptcy of the main contractor is a hard deadline.

25 September 2026

Building without a permit: what happens to your construction contract?

A construction contract that has not been performed in accordance with the planning permit is not automatically void. Recent case law carefully distinguishes between what affects the contract itself, what the architect should have done under his duty to inform, and who ultimately pays for the demolition — a division that often turns out expensive for those who look the other way.

10 September 2026

Additional Works: Can the Contractor Charge Extra?

The final invoice is significantly higher than the quote. The contractor points to "additional works" that were never put in writing. Is that allowed? When must you pay, and when not? A tour through the old Civil Code, recent Supreme Court case law and the upcoming Book 7 of the Civil Code.

26 August 2026

Ten-year liability of contractor and architect: what does it cover?

Eight years after acceptance, your façade cracks. Can you still hold your contractor and architect liable? Ten-year liability offers protection against serious construction defects — but only under strict conditions, and with a time limit no one can ignore.

10 August 2026

Contractor failed to warn: what does their duty to inform involve?

A contractor is more than someone who executes plans. They have an active duty to warn as soon as they identify a technical risk — and this duty survives acceptance of the works. If they conceal the risk, they cannot hide behind "the plans were approved". But there are limits too: not every undisclosed detail leads to liability.

29 July 2026

Minor Hidden Defects in Construction Works: How Much Time Do You Still Have?

Two years after the renovation, you discover a serious crack in the plasterwork, or a moisture problem that was not visible. No risk of collapse, but something you would never have accepted had you known. Which time limits apply? How do you prove the defect was "hidden"? And what will change with the upcoming Book 7 of the Civil Code?

13 July 2026

Dismissing your contractor: rescission or termination?

"I want out." Three words, three different legal routes, three completely different outcomes. Anyone who dismisses their contractor without choosing the right route risks having to pay damages themselves. What are the differences between termination, rescission and extrajudicial replacement?

1 July 2026

Architect without site supervision: what risks do you run?

"Just do the plans, I'll handle the execution with the contractor myself." It looks like saving money, but it is a legal minefield. For the client and for the architect. What does the law say, what does recent Cassation case law say, and what pitfalls remain for those who want to go this route anyway?

15 June 2026

Unfair Terms in B2B Construction Contracts

Since 1 December 2020, Book VI of the Belgian Code of Economic Law also reviews contracts between undertakings for unfair terms. For the construction sector — and for associations of co-owners with professional units — this has far-reaching consequences. Clauses that were previously "just standard" now risk being declared null and void.

3 June 2026

Contractor without a written contract: how strong is your position?

Many construction files start with a quote, a handshake and a down payment — not with a fully drafted contract. That is not necessarily a problem: Belgian law recognises contracting agreements without a written document. But when a dispute arises about the price or the scope of works, the absence of a written agreement often turns out to be costly — especially for the party bearing the burden of proof.

18 May 2026

Multiple contractors on one site: who bears coordination responsibility?

On a typical construction site today, several contractors work side by side — a shell contractor, an electrician, a plumber, a floor layer. Who ensures that everything fits together? The answer has shifted from the old reflex "the client will just handle it" to a shared responsibility in which each party has its own role.

3 May 2026

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Subcontractor not paid: direct action against the client

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