Construction & Contracting
In Belgium, the liability of construction professionals is strictly regulated. A poorly drafted construction contract, incomplete acceptance reports or unclear arrangements regarding additional works can lead to lengthy and costly disputes. Reius protects your position at every stage of the construction process.
What we do for you
- Drafting and review of construction contracts
- Advice on additional works, price revisions and construction deadlines
- Assistance with provisional and final acceptance
- Proceedings concerning ten-year liability
- Breyne Act: assistance with the purchase of off-plan homes
- Construction insurance: assistance with filing claims
Ten-year liability: the legal framework
Under Articles 1792 and 2270 of the Belgian Civil Code, contractors and architects are in principle liable for 10 years for serious defects that compromise — or may compromise — the stability or structural integrity of the building. This liability is a matter of public policy and cannot be contractually limited or excluded.
Mandatory ten-year liability insurance
Under the Act of 31 May 2017 (the 'Peeters-Borsus Act', applicable to construction sites for which a final building permit was issued from 1 July 2018 onwards), contractors, architects and certain other construction service providers are required to take out ten-year liability insurance. ⚠ Always request the insurance certificate before the works commence.
For whom?
Building owners and private individuals undertaking new construction or renovation projects, property developers, contractors and subcontractors, architects and engineers, and real estate investors purchasing recently built properties.
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Frequently asked questions
How long do I have to hold my contractor liable for a serious defect?
In principle, you must bring a substantive claim within 10 years of the relevant acceptance of the works. This is a strict limitation period (forfeiture period) that cannot be extended. Consult Reius for advice tailored to your specific situation.
My contractor is charging for additional works that I did not approve. What can I do?
Additional works generally require a written order or confirmation. Without demonstrable approval, the contractor is in principle not entitled to additional remuneration. Reius will analyse the contractual basis and advise you on your options.
What is the Breyne Act and what protection does it offer?
The Breyne Act protects purchasers of off-plan or under-construction homes. Among other things, it provides for mandatory financial guarantees covering advance payments, strict rules on price revision, and liability arrangements for the developer.
Who is liable if both the architect and the contractor have made a mistake?
Both the architect and the contractor may be held liable for their respective faults. Where faults concur, an apportionment of liability may be sought.
Do you have a question about construction & contracting? Contact us without obligation.
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