Sale & Purchase

Current developments on hidden defects in sales: recent case law, the upcoming Book 7 of the Civil Code and practical implications for buyers, sellers and real estate professionals.

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Guide

Asbestos in real estate: certificate, hidden defects and liability in sales, lettings and renovation

Asbestos remains very much alive in law. Since November 2022 an asbestos certificate has been compulsory when selling buildings dating from before 2001, and by 2032 every owner must hold one. But the certificate is far from a complete answer: asbestos can be a hidden defect, defeat an exoneration clause and render seller, landlord and contractor alike liable. This guide brings the whole legal puzzle together.

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Guide

Hidden defects when buying a house: your rights as a buyer

A hidden defect in your newly bought home entitles you to the rescission of the sale or a price reduction. But the law attaches strict conditions to that right: the problem must be truly serious, it had to exist at the time of the sale, and you must react quickly — sometimes within a few months. This guide goes through the entire legal framework, supported by the most recent cassation case law.

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Asbestos in co-ownership of apartments: private or common, and what about the syndic?

In an apartment building, asbestos first raises a question of classification: private or common? The answer determines who bears the costs. Asbestos is often found in the common parts, in which case the association of co-owners comes into play, with the syndic as pivotal figure carrying significant liability.

28 September 2026

Asbestos and neighbour nuisance: corrugated sheets, roof cleaning and liability

Asbestos-cement corrugated sheets are not in themselves a fault, but whoever installs them, has them installed or keeps them may be liable for excessive neighbour nuisance when fibres end up on neighbouring property — for instance after a fire or improper cleaning. And that liability can arise even without proven fault.

15 September 2026

Exoneration and Warranty Clauses on Asbestos in the Sale Agreement

A non-warranty clause for asbestos is in principle valid, but it collides with the seller's bad faith, the presumption of knowledge on the part of a professional seller, and consumer protection. And anyone who guarantees the "absence of asbestos" turns the clause against themselves. This contribution reviews what does and does not work, with concrete drafting tips.

13 September 2026

Duty to inform about asbestos: the obligations of seller, estate agent and notary

Before hidden defects come into play, there is the duty to inform. Anyone who conceals a known asbestos problem risks liability and even fraud. The post-intervention file and the soil certificate are also part of proper information exchange, and both the estate agent and the notary bear their share of responsibility.

2 September 2026

Contractor liability in asbestos removal and demolition

A contractor who removes asbestos improperly risks criminal prosecution — both the company and its manager. And contractually, he often bears the risk of "unforeseen" asbestos when he could have known about it and still quoted a fixed price.

28 August 2026

Asbestos in rental properties: certificate obligations, habitability and tenants' rights

A landlord who holds a valid asbestos certificate must provide a copy to the tenant. Separately, the landlord remains obliged to offer a safe and healthy dwelling — released asbestos fibres may even lead to termination of the lease.

18 August 2026

Asbestos and Hidden Defects When Buying a Home

Asbestos is not automatically a hidden defect. It must be concealed, sufficiently serious and already present at the time of sale. And you must act quickly, because the claim lapses after a short period.

13 August 2026

What is an asbestos certificate and when do you need one?

The asbestos inventory certificate maps the asbestos present in a building. Since November 2022 it has been mandatory when selling properties built before 2001, and by 2032 every owner must have one. This guide explains what the certificate is, what it contains and what sanction applies when it is missing.

3 August 2026

Accepted your house too quickly? What you can still do when a defect appears

Acceptance of your new home is a pivotal moment. Once you sign and take possession of the keys, you yourself close the door on certain claims. But one path remains open — if you act quickly.

31 July 2026

When is a defect serious enough to hold the seller liable?

A leaking tap is not a hidden defect. A subsiding foundation is. But between these two extremes lies a grey zone where the Court of Cassation has carefully drawn the boundaries.

18 July 2026

When is a defect truly hidden? "You should have seen that"

A seller on the defensive often says: "That problem was visible, you should have seen it." But what does the law really expect from a buyer during a viewing? The Court of Cassation and the Ghent Court of Appeal have refined the test.

16 July 2026

Hidden defect time limit: how long do you have to sue the seller?

Article 1648 old Civil Code requires you to act "within a short period". But what is short? In practice, six months is often the outer limit — although negotiations or a court-ordered expert investigation may suspend the period.

3 July 2026

"Sold as is": does that really hold up?

The exoneration clause "in the state in which it stands, with all visible and hidden defects" seems to provide absolute protection for the seller. In reality, it falls away in many situations.

28 June 2026

Was the seller a contractor or self-builder? Then you have a stronger position

A contractor selling their own home, or a DIY enthusiast who spent years building themselves — both receive special treatment under the hidden defects regime. For the buyer, that is good news.

26 June 2026

Problem known before purchase: do you still have rights?

A defect you knew about before the purchase is no longer a hidden defect. Anyone who signs with full knowledge accepts the risk. But what if you were only partially informed?

13 June 2026

Hidden defect: refund or price reduction?

When you prove a hidden defect, you have two options: rescind the sale or claim a price reduction. The Court of Cassation has expressly confirmed that only you make that choice — not the seller, not the judge.

10 June 2026

Asbestos discovered after buying a house: can you hold the seller liable?

The asbestos certificate has changed the rules of the game. But hidden asbestos, asbestos that the seller deliberately failed to disclose, or asbestos that leads to soil contamination, can still constitute a hidden defect.

31 May 2026

Building violation discovered after purchase: your rights as a buyer

Building violations sit at the crossroads of several legal doctrines. Latent defect, disturbance of title or error — the right choice determines your chances of success.

26 May 2026

Mistake versus fraud in a home purchase: which is stronger?

When the short period for hidden defects has expired, mistake, fraud and pre-contractual liability remain available. Three routes, each with its own conditions and prospects.

16 May 2026

Damp, mould or dry rot after buying a house: your rights

Damp, mould and dry rot are classic issues in hidden defects cases. But not every damp problem qualifies. What does the case law say?

11 May 2026

Proving a hidden defect: expert reports, photos and pitfalls

You suspect a hidden defect in your new home. But without solid evidence, your case remains weak. Which types of proof work? When is a court-appointed expert examination required? And which mistake could cost you your rights?

30 April 2026

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Asbestos in co-ownership of apartments: private or common, and what about the syndic?

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