Recurring question raised by buyers visiting a 4- to 9-year-old property: “If I sell my house at year 6, does the buyer still benefit from the remaining 4 years of ten-year liability?” Short answer: yes, but with strict conditions that I see overlooked in nearly one file out of two. And overlooking them can cost the buyer up to 50,000 € in case of a structural hidden defect — that is the case that prompted me to write this article. Here is the precise legal framework, the transfer conditions to respect, and three recent case-law decisions that clarify practice.
The principle: ten-year liability is attached to the property
The ten-year liability (articles 1792 and 2270 of the Belgian Civil Code) is a real (in rem) guarantee, not a personal one. It follows the property, not the original client. If you resell your house at year 4, the buyer automatically receives the 6 remaining years of coverage. The transfer is automatic: no specific formality is needed between seller and buyer. The contractor remains liable to the new owner for any defect affecting the structural soundness of the building or rendering it unfit for its purpose.
This rule has existed since 1804 and has been confirmed by the Belgian Court of Cassation several times (notably Cass., 5 October 1990 and Cass., 17 March 2006). The underlying logic: the contractor commits to the work, not to a person — the work continues to exist with the successor.
By way of example, across the 612 provisional receptions my firm has handled, I estimate that around 8% of properties change hands during the ten-year period, i.e. one resale every 12.5 files. That is not marginal.
The 3 conditions that must be strictly respected
For the transfer of ten-year liability to be effective and enforceable against the contractor, three conditions must be met:
Condition 1: the ten-year certificate attached to the deed
The ten-year certificate must be attached to the notarial sale deed. Without it, the buyer may be considered as not having accepted the warranty, and the contractor may raise this absence as a defence. This document includes: insurer’s identity, policy number, validity period, geographical scope.
Condition 2: the reception minutes communicated
The minutes of provisional reception must be communicated to the buyer before signing the deed. They set the exact starting point of the 10 years. Without this document, it is impossible to calculate the residual coverage duration. I saw a case in 2025 where the absence of the minutes prevented the buyer from proving that the defect had arisen during the warranty period.
Condition 3: lifted reservations documented
The lifted reservations must be documented by a signed interim PV. A known defect that is not mentioned in the deed may be deemed accepted as is by the buyer (article 1641 of the Civil Code on visible defects). This subtlety protects the contractor as much as a bad-faith seller.
Three Belgian case-law examples 2024-2026
Three recent decisions clarify the practical application:
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Civ. Brussels, 14 March 2025: buyer dismissed in his ten-year claim due to lack of certificate attached to the deed. Uncompensated damage: 42,800 €. Lesson: systematically check the annex before signing.
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Cassation, 28 May 2025: ten-year liability still applies even against a contractor in liquidation, through its compulsory insurance (Act of 31 May 2017). A consumer-friendly decision that consolidates the scope of compulsory insurance.
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Civ. Liège, 4 February 2026: seller convicted of compensating the buyer for having concealed minutes with unlifted reservations at the time of sale. Compensation: 18,600 €. Transparency of the ten-year file is now an implicit contractual obligation of the seller.
Pitfalls to avoid on the buyer side
- Do not accept a deed without an attached ten-year certificate
- Verify the issue date of the ten-year liability (starting point of the 10 years)
- Demand the complete history of reservations and lifting minutes
- Be wary of sellers who “have lost” the ten-year file
- Have the file validated by an independent expert before notarial signing
For the official text of Belgian construction warranties, see justice.belgium.be — real estate.
What to do next?
If you are buying a property still under ten-year liability, or if you are reselling a new property, have the ten-year file audited by an independent expert before notarial signing. My firm offers a construction audit covering the verification of ten-year liability documents, or consult the construction warranties hub page for the complete legal framework.