Ten-year liability is a fundamental legal principle in Belgian construction law. This legal obligation means that the contractor, architect and engineer can be held liable for serious defects in a building for ten years. These are not minor imperfections, but problems that compromise the stability or strength of the structure.
The liability period starts from the provisional acceptance of the works. From then on, the ten-year period begins to run, regardless of whether there is a final acceptance thereafter. During that period, construction professionals can be held responsible for serious defects, even if they do not become apparent until years later.
Typical examples include cracks in load-bearing walls, foundation problems, subsidence or severe water infiltration. The intent of this rule is to protect the client and future owners from construction defects that only come to light over time.
It is important to note that this liability is imposed by law - it does not have to be expressly stated in a contract. The client does not benefit from strict liability: he must show a serious defect affecting the stability or soundness of the building and that the defect is attributable to the contractor, architect or engineer. However, it must be shown that the defect affects the stability or strength of the building and that it was discovered within the 10-year period.
Even if the building is sold within this period, the original contractor or architect remains liable. The new owner can bring an action against the original construction partners.
If you discover serious defects, it is advisable to seek legal advice as soon as possible. A court-appointed expert may be called in to investigate and assess the issue. If necessary, court proceedings can be initiated to seek restoration or compensation.
The 10-year liability thus provides significant protection for clients, but also imposes a heavy responsibility on architects and contractors. Meticulousness and quality execution are essential at every stage of construction. With correct contracts, solid execution and clear follow-up, many problems can be avoided.
