Hidden defects after buying a house in Belgium: what can you claim from the seller?

A few months after the purchase, they appear: rising damp behind new plasterwork, a damaged load-bearing beam, electrical wiring that is not up to standard. When hidden defects surface in a house you bought in Belgium, the question is always the same: must the seller answer for them, or did you buy the property “as is”? This article explains when you can rely on the seller’s warranty against hidden defects, what you can claim and why acting quickly is decisive.

Hidden defects in a house: what qualifies?

The seller must indemnify the buyer against hidden defects (Article 1641 of the old Civil Code, oud Burgerlijk Wetboek / ancien Code civil). A defect qualifies if it meets the following conditions:

• Hidden: it was not visible on a reasonably careful inspection by the buyer, and the buyer did not know about it;
• Serious: it makes the house unfit for its intended use, or reduces that use to such an extent that the buyer would not have bought it, or not at that price;
• Present before the sale: the defect already existed, at least in embryonic form, at the time of the sale.

The seller is not liable for visible defects (Article 1642 of the old Civil Code). Anything you could have noticed during a normal viewing is deemed to have been accepted. A layperson is generally not expected to carry out a technical investigation, but is expected to react to visible warning signs, such as fresh damp stains or cracks.

What can you claim from the seller?

The buyer can choose between two claims (Article 1644 of the old Civil Code):

• Rescission of the sale: you return the house and get the price back;
• Price reduction: you keep the house and get part of the price back.

If the seller knew of the defect, he also owes damages, for example for temporary accommodation, consequential damage to your belongings or loss of enjoyment (Article 1645 of the old Civil Code). If he did not know of it, he only has to repay the price (or part of it) and reimburse the costs of the sale (Article 1646 of the old Civil Code).

According to settled case law of the Court of Cassation, a manufacturer or specialised seller is presumed to know of the defects; this may be, for example, a property developer or a contractor who builds and sells on his own account. That presumption is strict: he can only rebut it by proving that the defect was impossible to detect. It does not apply to every professional seller: the court assesses whether a seller is specialised in the light of his degree of specialisation and technical competence.

The exemption clause and its limits

Almost every preliminary sale agreement (compromis) and notarial deed contains a clause by which the seller excludes the warranty against hidden defects. Such a clause is valid in principle, but not for a seller who knew of the defect (Article 1643 of the old Civil Code). A seller who knew of a defect and kept quiet about it, or even concealed it, cannot hide behind the clause.

The burden of proving that knowledge lies with the buyer: quotes for earlier repairs, painted-over damp patches, statements from neighbours or former tenants are often decisive. Because a manufacturer or specialised seller is presumed to know of the defects, he generally cannot rely on such a clause.

The short time limit: act immediately

The claim must be brought within a short period (Article 1648 of the old Civil Code). The law does not set a fixed number of months: the court assesses the period according to the nature of the defect and the circumstances. As a rule, the period starts running when the defect is discovered.

Waiting for months may cost you your rights. Send the seller a registered formal notice straight away and have the defect recorded quickly. A letter alone is not enough, however: the claim must also be brought before the court in time. Serious negotiations or an ongoing amicable expert assessment may make the court more lenient, but offer no certainty.

Securing the evidence

A hidden defect is a technical matter. Preferably have it recorded jointly, in the presence of the seller or his lawyer. If the seller does not cooperate, the court can appoint a court expert, if necessary in summary proceedings.

Do not carry out repairs before the defect has been recorded, unless they are urgently needed. In that case, document everything thoroughly with photos, invoices and an official report drawn up by a bailiff (huissier de justice).

Certificates and inspection reports

When a house is sold, the buyer receives several certificates, such as the energy performance certificate (EPC / PEB), the inspection report on the electrical installation and, in Flanders, the asbestos certificate for buildings constructed before 2001. Read these documents carefully before you sign the preliminary sale agreement.

A court will hardly regard a defect that clearly appears from such a certificate as hidden, since you could have taken note of it. Conversely, a favourable certificate does not rule out that another defect was indeed hidden. If you have doubts about the condition of the house, have it inspected by a building surveyor before signing, or stipulate a condition precedent of a favourable technical inspection.

Other remedies besides the warranty

• Fraud: if the seller misled you through deceptive tactics or deliberately concealed a defect, you can also claim annulment of the sale for fraud (dol) or damages.
• The contractor of earlier works: for serious defects that endanger, or may endanger, the stability or structural soundness of the building or of one of its main elements, the ten-year liability of the contractor and the architect continues to apply as long as the ten-year period following acceptance of those works has not expired; unless the sale provides otherwise, that claim passes to the buyer as an accessory of the building. More on disputes with a contractor.

A new law of sale on the way

The legislator has reformed the rules on sale in a new Book 7 of the Civil Code (Act of 22 July 2026, published in the Belgian Official Gazette, Belgisch Staatsblad / Moniteur belge, of 23 September 2026). That Book enters into force on 1 September 2027, the first day of the twelfth month after its publication (Article 50 of that Act); until then, the current rules continue to apply. Book 7 applies to legal acts and facts occurring after that date; for the future effects of agreements concluded earlier, the previous rules continue to apply unless the parties agree otherwise (Article 49). For houses you bought earlier, the rules of the old Civil Code discussed above continue to apply.

Frequently asked questions

I bought the house “as is”. Do I have no case?

No. That wording primarily covers visible defects. For a hidden defect that the seller knew about, a claim remains possible.

Do I first have to put the seller on formal notice?

A registered formal notice is strongly recommended: it shows that you reacted quickly and invites the seller to cooperate in recording the defect. It does not, however, replace a claim before the court.

Which court has jurisdiction?

The justice of the peace (juge de paix) generally has jurisdiction over claims up to EUR 5,000 (Article 590 of the Judicial Code). As the purchase of a house usually involves larger amounts, the case generally goes before the court of first instance (tribunal de première instance).

Does this also apply to a newly built home?

If you bought a home off-plan or under construction from a developer or contractor and pay instalments before completion, the mandatory rules of the Breyne Act (loi Breyne) also apply, including on handover and ten-year liability.

How much does an expert assessment cost?

A court expert can easily cost several thousand euros. If you win, those costs are generally charged to the seller, as is a procedural indemnity (indemnité de procédure). We make a realistic assessment of costs and prospects in advance.

Novex Advocaten at your side

We assist buyers and sellers in disputes over hidden defects, from the first formal notice and the expert assessment through to court proceedings. Have you discovered defects? Contact us quickly: the short time limit is running.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.