HAVET & VANHUFFEL – Association d’avocats
The Belgian Chamber of Representatives has adopted Book 7 of the new Civil Code, governing special contracts. This marks another important milestone in the comprehensive recodification of Belgian civil law that has been underway for several years.
Following the adoption of the new Books on property law, the law of obligations and non-contractual liability, the Belgian legislature has now modernised the contracts most frequently used in commercial practice and everyday life, including contracts of sale, leases, service contracts, mandates, deposits and settlement agreements.
The reform aims to provide a more coherent, accessible and modern legal framework, better aligned with contemporary commercial practice.
Evolution rather than revolution
Despite its significance, Book 7 does not fundamentally reshape Belgian contract law.
Instead, it largely codifies established case law, aligns the law governing special contracts with the new Book 5 on obligations and incorporates many legal solutions that had already become well established through judicial decisions.
The fundamental principles therefore remain intact, while their drafting has been modernised and their interaction considerably simplified.
Real estate contracts at the centre of the reform
The reform is particularly significant for the real estate sector.
It directly affects real estate sale agreements, leases, contracts entered into with real estate brokers, property managers, condominium managers, surveyors and valuation experts, as well as construction and renovation contracts.
For the first time, these various contractual relationships are brought together within a coherent and harmonised legislative framework.
Real estate sales: from latent defects to lack of conformity
One of the most significant developments concerns the legal framework governing real estate sales.
The seller is no longer merely required to transfer title to the property. It must also deliver property that conforms to the contractual specifications.
The concept of lack of conformity now constitutes the cornerstone of the seller’s contractual liability. Purchasers therefore benefit from enhanced protection whenever the property fails to meet the agreed contractual characteristics or presents defects preventing its ordinary or intended use.
Rather than abolishing the traditional regime governing latent defects, Book 7 integrates it into the broader concept of lack of conformity, thereby simplifying the legal analysis while preserving the purchaser’s remedies.
The new legislation also provides a clearer articulation between contractual remedies based on breach of contract, lack of conformity and latent defects, reducing much of the uncertainty that existed under the previous legal framework.
Leases: greater clarity and legal certainty
Book 7 does not fundamentally alter Belgian lease law.
Its principal objective is to codify solutions already recognised by Belgian courts and clarify a number of legal provisions that had previously given rise to uncertainty.
The respective rights and obligations of landlords and tenants therefore become easier to identify, thereby enhancing legal certainty for both parties.
The reform also provides clearer rules governing improvements and alterations carried out by tenants, the conditions for returning the leased premises and the financial consequences that may arise at the termination of the lease.
Construction contracts become a category of service contracts
Another major innovation introduced by Book 7 is the creation of a general legal regime governing service contracts.
Services provided by real estate brokers, condominium managers, property managers, surveyors, experts and other real estate professionals are now subject to common rules imposing duties of care, loyalty, information and proper performance.
Construction contracts are now treated as a specific category of service contract relating to construction works, thereby aligning construction law with the general law of obligations while preserving the specific rules required by the construction industry.
A common procedural framework for lack of conformity claims
Book 7 not only strengthens the substantive protection available to purchasers and project owners but also establishes a structured procedural framework governing the enforcement of those rights.
Where a defect is discovered following completion of a sale or construction works, the first step is no longer to commence legal proceedings immediately. Instead, the claimant must promptly notify the seller or contractor of the alleged lack of conformity.
The purchaser or project owner must notify the defect within a reasonable time after becoming aware of it, or after it ought reasonably to have been discovered. This replaces the former requirement that proceedings be brought within a « short period », a concept that had generated considerable legal uncertainty.
The notice should identify the alleged defect with sufficient precision to allow the seller or contractor to investigate the claim properly. From a practical perspective, all available evidence should be preserved, including photographs, expert reports, technical assessments and, where appropriate, a bailiff’s report.
Once the lack of conformity has been notified, legal proceedings must, in principle, be commenced within two years. This new limitation period provides considerably greater legal certainty while encouraging negotiated settlements before litigation becomes necessary.
Before undertaking substantial remedial works, the purchaser or project owner should allow the seller or contractor an opportunity to inspect the alleged defect, where appropriate with the assistance of an independent expert. This adversarial stage frequently facilitates an amicable resolution and ensures that evidence is preserved before the condition of the property changes.
The decennial liability regime remains unaffected
One of the reassuring aspects of the reform is what it does not change.
The well-established decennial liability regime applicable to architects and contractors remains fully in force.
Where a defect affects the structural integrity, stability or essential components of a building, the specific rules governing decennial liability continue to apply. Construction professionals therefore remain liable for a period of ten years following acceptance of the works, in accordance with the long-established principles protecting project owners under Belgian construction law.
Book 7 was never intended to alter this fundamental pillar of Belgian construction law.
Conclusion
Although Book 7 does not fundamentally transform Belgian real estate contract law, it significantly enhances its coherence, accessibility and legal certainty.
Sale agreements, leases and service contracts are now governed by a consistent legislative framework. The remedies available to contracting parties have been rationalised, while the procedural rules governing lack of conformity claims have become considerably more predictable.
For property owners, purchasers, tenants, contractors and real estate professionals alike, the reform represents a substantial improvement in legal certainty. By clarifying contractual rights, obligations and procedural deadlines, the legislature also seeks to encourage negotiated settlements and reduce unnecessary litigation.
The text must still go through the final stages of the legislative process.
The text adopted by the Chamber of Representatives will enter into force 12 months following its publication in the Belgian Official Gazette (Moniteur belge) and will apply exclusively to contracts entered into after its entry into force.
To access the legislative file, please follow this link: https://www.lachambre.be/kvvcr/showpage.cfm?section=flwb&language=fr&cfm=/site/wwwcfm/flwb/flwbn.cfm?dossierID=0743&legislat=56&inst=K.
To access the text adopted by the Chamber on 16 July 2026, please follow this link: https://www.lachambre.be/FLWB/PDF/56/0743/56K0743009.pdf and this link: https://www.lachambre.be/FLWB/PDF/56/0743/56K0743012.pdf.