Warranty of perfect completion: 1 year after reception
The warranty of perfect completion is the first warranty that activates after the provisional reception of a new-build property in Belgium. It runs for one full year between the provisional and final receptions, and requires the builder to remedy all visible defects reported during this period. Unlike ten-year liability, which only covers serious damages, the 1-year construction warranty applies to all defects observed, whether aesthetic, functional or technical. Used properly, it is the most effective lever to obtain a genuinely compliant delivery.
Scope and duration: what the warranty covers
The warranty of perfect completion finds its source in the Civil Code (former articles 1792 and 1792-6, recodified in 2024) and in the settled case law of the Court of Cassation. It runs for one year from the provisional reception, until the final reception, and obliges the contractor to repair all defects observed or revealed during that year, whether they were noted in the reception minutes or discovered afterwards.
Its scope is broad: faulty paintwork, lifted tiles, defective taps, misaligned joinery, unstabilised shrinkage cracks, minor sealing defects, equipment not compliant with the specifications. Any visible defect or defect that appears during the year is covered, without needing to prove its severity (unlike ten-year liability).
Note: for separable equipment (heating, plumbing, electrics, ventilation), the two-year warranty takes over for 2 years. For major structural or watertightness defects, the ten-year liability runs for 10 years. See the full overview on construction warranties.
Activation: the written formal notice
To activate the warranty of perfect completion belgium, the standard procedure has three steps:
- Precise observation of the defect: location, nature, date of appearance, dated photos.
- Written formal notice by registered mail with acknowledgement of receipt, addressed to the builder, stating: contract reference, date of provisional reception, numbered list of defects, reasonable repair deadline (usually 30 to 60 days).
- Adversarial expert assessment in case of dispute, then court action if necessary (jurisdiction of the business court or the court of first instance depending on the case).
The form of registered mail matters: a simple letter or email does not carry the same evidential weight in case of litigation. The firm systematically recommends registered mail with acknowledgement of receipt sent to the official CBE address of the company. The dispatch date triggers the repair deadline and constitutes an interrupting act.
Articulation with the other warranties
The Belgian system of post-reception warranties forms a cascade that overlaps. During the first year:
- Perfect completion (1 year): all defects, regardless of severity.
- Two-year (2 years): defective separable equipment.
- Ten-year (10 years): structural strength, watertightness, defects rendering the building unfit for purpose.
After the year of perfect completion, only the two-year and ten-year warranties remain. This is why the last 11 months of the perfect completion warranty are strategic: any defect not reported before the final reception becomes much harder to enforce (unless it can be shown to fall under the two-year or ten-year warranty, which requires precise legal qualification).
Case study: 26 reservations lifted on a new-build villa
Case followed by the firm in 2024-2025: turnkey new-build villa 175 m² received in March 2024, 48 reservations in the initial minutes including 26 requiring non-trivial repairs.
At 3 months post-reception, 12 reservations were satisfactorily lifted by the builder. At 6 months, stagnation on the remaining 14. The firm drafted a detailed formal notice by registered mail, with a 45-day deadline and a detailed list of persistent defects. The builder’s response: works on the 14 points scheduled within the following month. At the final reception (March 2025), all reservations were lifted except 2 minor ones (paint retouched outside the palette, silicone joint to redo), accepted with a commercial discount.
Without the formal notice, the 14 reservations would probably have remained outstanding, and their legal qualification beyond the year (two-year or ten-year?) would have been contestable. The cost of the support (≈ €1,200) secured repair works estimated at €18,000.
Pitfalls to avoid
- Waiting until the end of the year to send formal notice: leave 60 to 90 days margin before the final to allow actual repair.
- Confusing ordinary mail and registered mail: only registered mail triggers the deadline and constitutes an interrupting act.
- Lifting reservations orally: any lifting must be recorded in writing, ideally via a dated and signed adversarial visit report.
- Accepting the final reception with reservations not lifted: unless they are expressly reclassified in writing as two-year or ten-year in the final reception minutes.
- Ignoring defects that appeared during the year: they are covered by perfect completion, even if not noted at the provisional reception.
What to do if the builder does not respond
If after formal notice and a reasonable deadline the builder remains in default, several options: (1) amicable adversarial expert assessment with an accredited expert, (2) legal action before the competent court with a request for judicial expert assessment, (3) execution at the builder’s expense following a court order.
The firm Mon Etat Des Lieux intervenes in the pre-judicial phase to qualify the defects, draft the detailed formal notice and organise the amicable expert assessment. See our construction defects expert service. To properly activate your warranty of perfect completion on a new-build property, request a free quote or consult our Breyne Law support.