Book 7 of the Civil Code, devoted to special contracts, was adopted by the Chamber of Representatives on 16 July 2026. The Law of 22 July 2026 was published in the Belgian Official Gazette of 23 September 2026 and Book 7 will enter into force on 1 September 2027.
For the construction sector, the reform merges the contract for enterprise (construction, works), the mandate and the deposit (guarantee) into a single services contract, which also covers the intellectual services of architects and design offices. The principle is contractual freedom, but that freedom has a few precise limits.
Let us take stock.
1. A regime that is in principle supplementary
Article 7.1.1 lays down the rule: the provisions of Book 7 are supplementary, unless their wording or scope gives them a mandatory or public-policy character. The construction contract falls under Articles 7.4.55 et seq., which cover the construction, conversion or demolition of an immovable work, as well as the related intellectual services. Borderline cases, such as minor works on an existing building, may be open to debate.
Two examples of supplementary rules deserve attention:
- Article 7.4.8 provides that the service provider performs the service for the agreed price, but allows it to request renegotiation where pre-existing, unforeseen circumstances make performance excessively onerous; failing agreement, the judge may adapt or terminate the contract. This rule exists alongside the hardship doctrine of Article 5.74 and may be adjusted by the parties;
- Article 7.4.56 recognises double delivery, provisional and then final, only if the contract provides for it. It is therefore for the parties to specify the moment of acceptance, on which the starting point of the time limits depends. This change is therefore particularly important in practice.
2. The rules that escape contractual freedom
In view of the importance of certain mechanisms designed to protect weaker parties, some rules remain mandatory:
- liability for defects that threaten the stability of the work (Art. 7.4.57); the defect must appear within ten years of acceptance and the claim must be brought within ten years and three months. Any clause that excludes or limits this liability, including for the faults of auxiliaries, is void; the time limits may, however, be extended;
- the subcontractor’s direct claim, now extended to all services contracts: a clause limiting it is deemed unwritten;
- the mandatory double delivery for the construction of dwellings covered by the Breyne Act, which remains despite the supplementary nature of Article 7.4.56.
On the other hand, even though the regime is supplementary, freedom is bounded by Articles VI.91/1 et seq. of the Code of Economic Law. Clauses on the black list are always prohibited; those on the grey list are presumed unfair, unless proven otherwise.
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Thus, the following may be challenged: complaint periods of only a few days, restrictions on the means of evidence, manifestly unreasonable termination fees, or the transfer to the contractor, without consideration, of the risk linked to unknown ground conditions.
Relying on a clause also remains subject to the prohibition of abuse of rights.
3. Existing contracts: an adaptation to be handled with caution
Book 7 applies only to contracts concluded from 1 September 2027. Earlier contracts remain subject to current law, so that the old and the new regimes will coexist for a long time, as many projects span several years.
The parties may of course wish to adapt an existing contract to Book 7.
They should, however, be aware that the regime on unfair terms between undertakings applies to contracts concluded, renewed or amended after 1 December 2020: such an adaptation may therefore expose the whole contract to that control.
4. Reflexes before 1 September 2027
Several checks are called for in advance:
- Define the assignment precisely in light of Article 7.4.55 and align the annexes with the description of the contract;
- Provide expressly for the method of delivery and the moment of acceptance, consistently across all related contracts (contractor, architect, design office);
- Treat each time limit separately (notification of defects, limitation, forfeiture) and define the form of notifications;
- Scrutinise the risk, complaint and termination clauses in light of the control of unfair terms;
- Do not seek to limit liability for stability defects or the subcontractor’s direct claim;
- Assess whether or not to adapt existing contracts.
Contractual freedom is real, but it is exercised within a framework whose limits are fixed: it is better to know them before drafting than to discover them in the course of a dispute...
Backed by constantly updated expertise in legislative and case-law developments, Vanbelle Law Boutique assists project owners, contractors, architects and developers in drafting their construction contracts and in defending their interests before the competent courts.
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