Table of Contents
For which construction sites is the decennial civil liability insurance compulsory?
The decennial civil liability insurance is compulsory for construction sites:
- which strictly require the intervention of an architect;
- for which a building permit was issued after 1 July 2018;
- for the renovation or construction of a dwelling (i.e. a building intended for housing);
- for a dwelling located in Belgium.
Which construction professionals need to be insured?
The following professionals must be insured:
- the architect;
- the contractor who undertakes to carry out construction work to the extent that the intervention of an architect is mandatory (e.g.: the roofer, the window frame installer, the screed installer, etc.);
- any other service provider in the construction sector other than the property developer who must provide services of an intangible nature relating to construction work to the extent that the intervention of an architect is mandatory (e.g. a consultancy).
What does the insurance cover?
The insurance covers the decennial (ten year) liability of construction professionals for defects limited to the solidity, stability and watertightness of the sealed structure of the dwelling when they compromise the solidity or stability of the dwelling.
The decennial civil liability runs for a period of ten years from the approval of the works. Approval is the point at which you confirm that the work has been carried out correctly.
The decennial liability insurance follows the property
Did you buy a newly built/renovated home? If you purchased a dwelling, the decennial civil liability insurance follows the property.
If the transfer of ownership takes place before the expiry of the cover period of the decennial civil liability, your notary must consult a register listing all decennial civil liability insurance and he will mention in the deed whether he is aware of such insurance and if so, the name of the insurance company and the policy number. If necessary, he will send you the insurance certificate.
How can you check that the construction professionals working on your site are insured?
All contractual documents must indicate:
- the name and business number of the insurance company;
- the number of the insurance policy.
Before starting the works, the contractors and other service providers must provide you and your architect with their decennial civil liability insurance certificate. The architect must take care of it.
On the construction site, each construction professional must be in possession of the certificate(s) from his insurer. He may be insured via a comprehensive policy whereby all the professionals involved in the construction or renovation are insured under the same policy, or via an individual policy.
The Association of Architects as well as the Federal Council of Certified Surveyors check the insurance situation of the members registered with the Association/Council.
Latest tips
Are you planning to build or renovate?
Consult our tips to find a competent and reputable contractor.
Are you insured (and reassured) for your project?
It is important to be well insured and to choose service providers who are also well insured! Your insurer or insurance broker can help you determine the insurance cover you need for your project, such as "Construction All Risks" (CAR) and "Legal Protection" insurance.
He can also inform you about the insurance cover that may be mandatory for your architect and contractor(s).
Do you have any problems with the execution of the work, the follow-up of the building site, etc.?
Before contactingthe insurer of your architect/contractor/... whose liability may be invoked:
- First, contact the architect/contractor;
- Check that the damage is not covered by other insurance such as your own fire insurance.