Two-year warranty: 2 years on equipment

The two-year warranty is one of the three post-reception warranties structuring the protection of the buyer of a new dwelling in Belgium. It protects for 2 years after provisional reception all detachable equipment of the shell-and-core: heating, sanitary, electricity, ventilation, motorised shutters, intercoms, home automation. Intermediate regime between the warranty of perfect completion (1 year, all visible defects) and the ten-year liability (10 years, major shell), it is essential to handle equipment failures that typically arise between 12 and 24 months.

The criterion: detachable equipment

The two-year warranty belgium finds its source in the former Article 1792-3 of the Civil Code (integrated into Book 5 of the recodified Civil Code in 2024) and in the constant case law of the Court of Cassation. It applies to detachable equipment, meaning those that can be dismounted without damage to the works themselves.

Concretely, the 2-year equipment warranty covers:

• Heating: boiler, heat pump, radiators, underfloor heating (with nuance — see below).
• Domestic hot water production: water heater, tank, instant heater.
• Plumbing: taps, basins, bathtubs, showers, WCs.
• Electricity: panel, sockets, switches, lighting points (the RGIE certificate remains valid for initial compliance).
• Mechanical ventilation: single or dual-flow MV, ducts, exchanger.
• Motorised shutters, electric blinds, home automation.
• Intercom, video door entry, alarm.
• Integrated kitchen equipment if supplied by the builder.

Boundary with the ten-year: an underfloor heating can shift into ten-year if its failure affects the slab (under-layer water-tightness, structural integrity). Similarly, a geothermal heat pump with vertical probes can fall under ten-year if the probes are deemed non-detachable. The qualification is made case by case by experts and courts.

Boundary with perfect completion: any defect reported in the first year can be handled under the perfect-completion warranty, broader. The two-year takes over for defects appearing between 12 and 24 months.

Start date and duration

The start date of the 2-year period is, according to the majority case law of the Court of Cassation, the provisional reception. It is therefore the reception minutes that authenticate the activation date. Keep them.

The period is strict: no cause of suspension is admitted except written acknowledgement by the builder, or court summons. A simple formal notice does not suspend the period — hence the importance of acting quickly as soon as a breakdown or malfunction is discovered.

Note: if the equipment was replaced during the year under perfect completion (for example boiler removed and replaced by a new one), case law generally admits a sliding start date at the date of complete replacement. This subtlety protects the buyer.

Procedure to activate the warranty

To trigger the two-year warranty, follow the typical procedure in three steps:

1. Precise observation of the failure: nature, date of appearance, photos or videos, measurements (temperature, flow, voltage).
2. Written formal notice by registered letter addressed to the builder (and their possible insurer if applicable), mentioning: contract reference, date of provisional reception, description of the failure, repair request within a reasonable period (generally 30 to 45 days depending on the nature of the breakdown).
3. Adversarial expertise in case of dispute, then judicial recourse if necessary (jurisdiction of the commercial court or first instance court depending on the case).

For thermal equipment (boiler, heat pump), remember to keep the maintenance booklet and the mandatory annual maintenance reports: without proven regular maintenance, the builder or insurer can invoke a maintenance default to refuse the warranty. It is one of the most frequent rejection grounds in practice.

Case study: faulty heat pump at 18 months

Case followed by the firm in 2025: turnkey new house received in October 2023, air-water heat pump showing abnormal defrost cycles from March 2025 (18 months post-reception). Electricity consumption up 40%, COP collapsed.

First reflex: technical observation with temperature, flow and consumption readings over 2 weeks. Diagnosis: evaporator sizing defect combined with incorrect refrigerant charge (undercharge). The defect falls under the two-year warranty because (1) the equipment is detachable, (2) the failure appeared within the 24-month deadline, (3) it is attributable to the builder (sizing and commissioning).

Detailed formal notice by registered letter. Builder’s response: visit within 3 weeks, evaporator replacement and full recharge, all fully covered. Cost to client: €0. Cost of firm support: ~€900.

Without quick qualification as two-year, the client would probably have accepted cosmetic patching or paid the restoration (estimated €4,800) before the 24-month deadline expired.

Pitfalls to avoid

• Waiting to send formal notice: the period is strict, act on discovery.
• Simple letter instead of registered: weakened probative value.
• Not maintaining the equipment: frequent ground for warranty refusal.
• Accepting a “hasty repair” without diagnosis: the root cause may persist and restart a cycle after expiry of the two-year.
• Confusing two-year and commercial manufacturer warranty: the manufacturer warranty (often 2 to 5 years) operates in parallel but does not substitute for the legal regime.
• Forgetting qualification: a defect can fall under perfect completion (broader) before 12 months, two-year between 12 and 24 months, or even ten-year if structural defect.

What to do if the warranty is refused

If the builder challenges the qualification or refuses to take charge, several options: (1) amicable adversarial expertise with an approved expert, (2) legal action before the competent court with judicial expertise request, (3) action against the builder’s insurer if the equipment is covered by a specific policy.

The firm Mon Etat Des Lieux intervenes at the pre-judicial stage to qualify the failure, verify eligibility for the two-year warranty and draft the detailed formal notice. See our defects expertise service and our ten-year liability and warranty of perfect completion pages. Request a free quote for personalised diagnosis.