New-build guarantees in Belgium: decennial insurance, all-risk cover, ten-year liability and what really protects you

Buying a new-build: why do guarantees matter so much?

Buying a new-build home feels safe: everything is fresh, modern, built to current standards. Yet defects can still appear - cracks in walls, pipes that rust, poor waterproofing, foundation problems. Some show up straight away; others only emerge years later.

That is why Belgium has an extensive guarantee framework to protect you. But many buyers do not understand how its different layers fit together: what is decennial insurance? How does the Breyne Act work? What does ten-year liability cover - and what does it not? And where are the practical pitfalls?

This guide explains every layer clearly, so you know what genuinely protects you - and what you need to watch out for yourself.

The three guarantee layers for new-builds in Belgium

1. Contractual guarantee (6 months to 3 years)

This is your first line of protection, set out in your purchase contract or building contract:​

• Starting point: 3 months after final handover
• Duration: usually 6 months to 3 years, depending on what was agreed​
• What it covers: visible defects, consumable items (light bulbs, fittings), finishing defects, minor construction faults​

Important: this contractual period is short and specific. Once it has expired, you can no longer rely on it.

The Breyne Act requires builders to provide at least 6 months of guarantee cover on visible defects.​

2. Ten-year liability (10 years for structural defects)

This is the most powerful protection - and it has been mandatory since 1 July 2018:​

• Starting point: at provisional handover (not at the date of purchase!)
• Duration: a full 10 years
• What it covers: serious structural defects affecting the solidity, stability or watertightness of the building that jeopardise its safety or durability​

Examples of defects covered by ten-year liability:​

• Cracks in walls that threaten structural stability
• Foundation defects
• Pipes that rust and cause water damage
• Poor sealing of the roof or windows leading to serious water infiltration
• Non-functioning drainage
• Defective reinforced concrete

What is NOT covered by ten-year liability:​

• Normal wear and tear
• Finishing defects (poor paintwork, a small scratch in wood)
• Poor maintenance by you as the owner
• Minor hairline cracks with no structural consequences

Decennial insurance (mandatory since 2018)

This insurance policy has been legally required for construction companies, architects and other parties in the building chain since July 2018:​

• The builder/contractor must keep proof of their insurer's cover on site at all times.​
• The decennial policy covers the full reconstruction value of the building (minimum €500,000).​
• You do NOT pay the premium: it is included in the contract price. You simply benefit from the protection it provides.​

Always check that your construction company can produce up-to-date insurance documents. Without decennial insurance, a construction company cannot legally operate.​

3. Manufacturer's guarantee on appliances (1-5 years)

Appliances (boiler, central heating unit, sanitary fittings, door handles) typically come with a manufacturer's or supplier's guarantee:

• Duration: 1-5 years, depending on the appliance
• What it covers: defects in the appliance itself
• Warning: many manufacturers have gone bankrupt, in which case your guarantee becomes worthless​

The Breyne Act: protection during the construction phase and beyond

The Breyne Act (the Act on the protection of the building owner) protects you not only through ten-year liability, but also during the construction phase itself:​

1. Compulsory deposit: the property developer must set aside at least 5% of the contract price as security against their potential insolvency.​
2. Payment protection: you may only pay in instalments tied to stages of the works (30% on award, 30% at mid-point, 30% at handover, 10% thereafter).​
3. Delivery as agreed: what you buy must be delivered in accordance with the agreed specifications; if not, you are entitled to compensation.​
4. Completion guarantee: should the construction company go bankrupt, another company finishes the job and the costs are covered by the security deposit.​

Practical timeline: the handover and guarantee process

Phase 1: Provisional handover

This is a crucial moment:​

• You inspect the property together with the builder (the handover is not yet final)
• You jointly note all visible defects and draw up a list (snagging report - PV)
• Record EVERYTHING you notice: patchy paintwork, scratches, misaligned doors, broken light fittings, exposed cable ends, paint stains​

Warning: the moment you sign the snagging report, the ten-year liability period begins. Defects you failed to note become YOUR risk - you will then have to report them later by registered post.​

So: be extremely thorough. Take photos and leave nothing out.

Phase 2: Contractual guarantee period (6 months to 3 years)

The builder now has time to remedy the defects listed in the snagging report:​

• This is the contractual guarantee period: short and limited to visible or minor defects.
• The builder must repair everything at no cost to you.
• Do not agree to final handover until this has been done.​

Phase 3: Final handover (1 year after provisional handover)

This is definitive:

• All defects from the snagging report must have been repaired; otherwise you receive compensation from the security deposit.​
• By agreeing to this, you accept the works in full - your options afterwards are very limited.​

Tip: NEVER sign off on the final handover without having checked everything twice.​

Phase 4: Ten-year liability (10 years from provisional handover)

Even after final handover, the builder remains liable for 10 years for serious structural defects:​

• If you discover 3 years later that cracks in the walls are caused by a foundation fault, you can still raise the issue.
• But: you must notify this by registered post and use experts to prove that it constitutes a serious defect.​

Pitfalls and what to watch out for

1. Not all guarantees are equal

• Contractual guarantee (6 months): surface-level protection
• Ten-year liability: in-depth protection, but hard to prove and often involves lengthy procedures

Many buyers assume everything is covered for 10 years; that is incorrect.​

2. Defects on your list must be clearly stated

Is a defect not mentioned in the provisional handover report? You will then need to report it by registered post to the builder. This is more complicated than it sounds - many builders simply ignore registered letters.​

Make sure EVERYTHING goes into the snagging report, including minor details.

3. Proof is hard to establish

For ten-year liability you must prove that:

• the defect is serious (stability, safety, watertightness)
• it was not visible at the time of handover
• it is attributable to the builder (not to poor maintenance or normal wear and tear)

This often requires a structural survey and legal proceedings - costly and time-consuming.​

4. Manufacturers can go bankrupt

Appliances (heating, sanitary fittings, equipment) sometimes come from manufacturers that go bankrupt. In that case, your manufacturer's guarantee is worthless. This is your own risk; the builder is not liable.​

5. "All-risk insurance" is not the same as decennial insurance

• All-risk (contractors' all-risk) insurance = cover against damage DURING construction (accidents, theft, storm)
• Decennial insurance = cover against builders' liability AFTER construction

These are two very different things! Check that your builder holds both.​

Practical checklist for new-builds

Before buying a new-build home:

• ✓ Read the purchase contract and guarantee clauses carefully.
• ✓ Check that the construction company holds valid decennial insurance certificates.​
• ✓ Understand that the Breyne Act protects you, but ask for the details.​
• ✓ Plan two visits for the provisional handover at minimum: one thorough inspection on your own, and ideally one with an architect or adviser.
• ✓ Take detailed photos of the snagging report items, including minor ones.
• ✓ Do NOT agree to the final handover if snagging-report defects have not been repaired.​

If problems arise after handover:

• ✓ Always respond in writing (registered post) to any problem.​
• ✓ If in doubt, commission an inspection by a structural surveyor.
• ✓ Consider legal advice for serious defects.

Conclusion: guarantees are complex - preparation is everything

New-build guarantees in Belgium are extensive - from the Breyne Act to decennial insurance and ten-year liability. Yet none of them is watertight:

• Contractual guarantees (6 months) are short and limited in scope.
• Ten-year liability is powerful, but requires proof and legal action.
• Much depends on what you can demonstrate and document at the time of handover.

The best-protected buyer is the one who:

• Reads the purchase contract thoroughly and understands the guarantee clauses.
• Is extremely vigilant at provisional handover and documents everything.
• Never agrees to final handover without full repair of all snagging-report defects.
• Understands that after final handover, gathering evidence and pursuing procedures becomes far harder.

A new-build does offer real protection - provided you understand how the system works and actively defend your rights.