What Is the Ten-Year Liability?
The 10-year warranty (commonly known in Belgium as ten-year liability) is a legal protection granted to property owners. It requires contractors, architects, and in some cases engineers to remain liable for serious defects affecting a building for a period of ten years.
What Does This Liability Cover?
- It applies for ten years from the date of the Provisional Acceptance Inspection.
- It covers serious defects that:
° compromise the structural stability of the building, or
° endanger an essential element of the property.
This includes issues such as foundation defects, structural cracks, collapse risks, errors in load-bearing walls, and similar structural problems.
- It also covers waterproofing and weather-tightness defects.
What Is Not Covered by Ten-Year Liability?
Minor hidden defects that do not affect the building's stability are generally not covered. In some cases, traditional hidden-defect liability may still apply if defects are discovered during occupancy. Once a hidden defect is identified, a ten-year period begins during which the seller may remain liable. See our separate article on hidden defects for more information.
Why Does Ten-Year Liability Exist?
It protects your investment as a homeowner or property investor by ensuring long-term protection against serious construction defects.
