The Chamber of Representatives has adopted Book 7 of the new Civil Code, devoted to special contracts. This reform forms part of the extensive recodification of Belgian civil law that has been underway for several years.
Following the books devoted to property, obligations and non-contractual liability, the legislator is now modernising the contracts most commonly used by citizens: sale, lease, service contracts, agency, deposit and settlement agreements, among others. The objective is clear: to make the law more coherent, more accessible and better adapted to current economic realities.
Modernisation rather than revolution
Contrary to what one might think, the new Book 7 of the Civil Code does not radically alter rules that have been known for decades. It largely incorporates solutions developed through case law, aligns them with the new law of obligations and codifies many practices that were already in existence.
The fundamental principles remain unchanged, but their wording has been modernised and their interaction has become much more logical.
Real estate contracts at the heart of the reform
For the real estate sector, this reform is of particular interest. It directly concerns real estate sales, leases, contracts entered into with real estate agents, property managers, property administrators, building managers, experts, as well as construction and renovation contracts.
All of these contracts now have their place within a single legal framework.
In relation to real estate sales: the warranty for hidden defects gives way to conformity defects
The seller is no longer merely required to transfer ownership of the property: the seller must also deliver a property that conforms to what was agreed.
The concept of conformity now occupies a central position in the new Civil Code. Purchasers are therefore better protected where the property does not have the characteristics that were promised or where it suffers from a defect that compromises its normal use.
Book 7 clarifies the various remedies available to the purchaser when a problem arises after the sale. It organises more coherently the claims based on non-performance of the contract, lack of conformity and the warranty against hidden defects.
This clarification should reduce the number of disputes concerning the choice of the most appropriate legal remedy.
In relation to leases: clearer rules for landlords and tenants – better regulation of works carried out in leased premises
The law governing leases does not undergo any major upheaval. The legislator has primarily sought to codify solutions already recognised by the courts and to clarify certain rules that were sometimes imprecise.
The rights and obligations of the parties are now easier to identify, thereby strengthening legal certainty.
The new legislation also specifies the consequences of improvements or alterations carried out by the tenant. The rules governing the return of the premises, the landlord’s rights and any potential compensation are now expressed more clearly, which should help limit disputes at the end of a lease.
The construction contract becomes the real estate service contract
One of the main innovations of Book 7 is the creation of a general framework for service contracts.
Services provided by real estate agents, property managers, building managers, experts or real estate administrators are now governed by common rules imposing, in particular, duties of diligence, information, loyalty and proper performance.
Real estate works are now covered by a service contract relating to real estate works. The new Civil Code harmonises the rules applicable to contractors with the general law of obligations, while maintaining the specific provisions that are essential to the construction sector.
Common procedural rules for sales and real estate service/construction contracts concerning notification of and legal action for conformity defects
The new Book 7 does not merely protect purchasers or clients against hidden conformity defects. It also establishes how such protection must be exercised.
When a defect is discovered after a sale or following the completion of works, the first step is no longer to immediately bring proceedings before the courts, but rather to inform the other party promptly.
The purchaser or client must notify the defect within a reasonable period (rather than within the former “short period” or “useful period”) from the time when the defect was discovered or should reasonably have been discovered.
This notification must be sufficiently precise to enable the seller or contractor to understand the allegations being made and to carry out the necessary investigations. It is strongly recommended to preserve all evidence: photographs, technical reports, bailiff’s reports or independent expert assessments.
Once the defect has been notified, the new Civil Code provides, in principle, for a two-year period in which to bring legal proceedings.
This rule advantageously replaces the former “short period” system, which was a source of considerable uncertainty. The parties therefore have a much clearer framework within which to assert their rights, while encouraging the pursuit of an amicable settlement.
Before undertaking substantial repairs, it is prudent to allow the seller or contractor an opportunity to inspect and establish the defect, potentially with the assistance of an expert.
This adversarial stage can often prevent judicial proceedings and ensures that evidence does not disappear before liability can be established. In practice, a formal notice accompanied by a reasonable period within which to intervene will generally constitute the most appropriate course of action.
The ten-year liability regime and the rules governing its application remain unchanged
In the context of real estate service contracts, the ten-year liability regime remains in place.
Where a defect compromises the solidity of the building or affects an essential element of its stability, the specific ten-year warranty regime continues to apply.
Construction professionals therefore remain liable for ten years from acceptance of the works, in accordance with the specific rules that have protected clients for many years.
The new Book 7 is not intended to call this fundamental protection into question.
Conclusion
The new Book 7 does not revolutionise Belgian real estate law, but it undoubtedly makes it more accessible and easier to understand.
Sales, lease and service contracts are now incorporated into a coherent structure, the remedies available to the parties are better organised, and the procedure applicable to defects and hidden defects has become much more predictable.
For owners, purchasers, tenants, contractors and real estate professionals, this reform primarily represents an improvement in legal certainty.
By clarifying the rights, obligations and time limits for taking action, the legislator also hopes to encourage amicable settlements and reduce the number of disputes brought before the courts.
The legislation must still go through the final stages of the legislative process.
It must be sanctioned and promulgated by the King and subsequently published in the Belgian Official Gazette (Moniteur belge). It will enter into force 12 months after publication and will apply only to special contracts concluded after its entry into force.
To access the legislative file, follow this link: Legislative file – Chamber of Representatives.
To access the text adopted by the Chamber on 16 July 2026, follow this link: Text adopted by the Chamber on 16 July 2026.
For information concerning its adoption in plenary session: Adoption in plenary session.