top of page
sky-clouds-construction-brick-layer-78113.jpg

This is how long your contractor is liable for defects in your home
 

Give a reaction / construction law / By adv. Jan Roodhooft
 

You called on a contractor to build or renovate your home.  Shortcomings appear some time after the work has been carried out.  How long can can you hold your contractor liable for this?
 

Visible defects
 

If there are visible defects, you must invoke them at the latest at the time of delivery of the works. Visible defects are, for example, a wall tile that is cracked, a floor that is crooked and so on. For example, paying your contractor's last invoice without further ado or the fact that you move into the house or simply start using the works without making any comments can sometimes be regarded as acceptance of the works.
 

Ten-year liability
 

For some defects, your contractor is liable for 10 years.  Contrary to popular belief, this does not apply to all problems that arise later with the works carried out by the contractor._cc781905-5cde-3194 -bb3b-136bad5cf58d_ On the contrary, it only concerns defects that are of a nature to jeopardize the strength of the building or an important part of it. However, most defects will not go that far.  Examples of defects that can carry a ten-year liability are sinking of the foundations, rotting of the exterior joinery and so on.
 

Lighter flaws
 

If there are minor hidden defects, your contractor is not liable for ten years.  You must invoke such defects within a short period of time after you have discovered them. If such a defect occurs, you will also have to demonstrate that the defect was already present 'in the bud' at the time of the delivery of the works (although it was not yet visible)._cc781905-5cde- 3194-bb3b-136bad5cf58d_ Examples of such minor defects are the formation of condensation in glazing, the peeling of exterior paintwork, etc.... 
 

Additional warranty
 

It sometimes happens that your contractor gives you more warranty than the one he legally has to give you. are defects. In that case, the warranty conditions are decisive in order to know exactly what you can ask for.

bottom of page