Cluster info · Defects & construction flaws

Hidden defects in construction: what to do and within what deadline

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By Edouard Hennin, Provisional reception expert Published on 27 May 2026 Updated on 27 May 2026 7 min read

The hidden defect is every buyer’s nightmare: a serious defect that emerges months or years after delivery. Belgian law protects you — provided you act quickly.

1. The legal definition

A hidden defect in construction is a serious defect, predating reception, but not detectable by a careful inspection. Three cumulative conditions:

Severity: makes the property unfit for its purpose.
Prior existence: existed at the time of delivery.
Hidden nature: invisible despite a normal inspection.

Not to be confused with visible defects, which had to be recorded in the minutes.

2. The time limits

Three regimes coexist:

Ten-year liability (article 1792 of the Civil Code): 10 years for defects compromising the soundness of the structural work or making the property unfit for purpose.
Two-year warranty: 2 years for equipment (heating, sanitary).
Classical hidden defect (article 1641): action within a “short period” after discovery, within 10 years.

The period runs from the provisional reception or from the discovery depending on the case. See our cluster construction warranties.

3. How to prove

It is up to the buyer to prove prior existence and hidden nature. This almost always goes through a judicial expertise ordered by the court, with destructive testing if necessary.

The amicable expertise carried out upstream technically qualifies the defect — preserves time limits and frames the procedure.

Hidden defects questions

What is a hidden defect in construction?

A serious defect that makes the property unfit for its purpose, that existed at the time of delivery, but that was not detectable by a normal inspection. E.g.: structural defect, internal infiltration.

When does the 10-year period start?

From the provisional reception for the ten-year liability (article 1792 of the Civil Code). For classical hidden defects, from discovery, with a short time frame.