The new Book 7 Civil Code: time to (re)examine your contracts

Why is this important for your business?

The bill of 20 February 2025 brings a profound simplification and modernisation of the law governing special contracts. Although most rules are supplementary (and can therefore be modified contractually), there are important exceptions that are mandatory or even of public order.

The risk? Clauses that are valid today may soon be considered null and void. Contracts that have functioned smoothly for years may suddenly give rise to disputes. Proactive adaptation helps prevent costly legal procedures.

One single concept of conformity for all sales contracts

The current, often confusing rules on visible and hidden defects disappear. They are replaced by a single, uniform concept of conformity. The seller will be liable for all defects that were present in germ at the time of delivery, without distinction between visible and hidden defects.

This simplification introduces three clear deadlines:

• 10 year liability: the seller is only liable for defects that appear within 10 years of delivery. This provides greater legal certainty.
• Reasonable notification: the buyer must report the defect within a “reasonable period” (at least 2 months for consumers). No timely notice? Then the buyer’s rights lapse.
• 2 years to bring legal action: after giving notice, the buyer has 2 years to take the matter to court.

The major difference from today? You no longer need to commence legal proceedings immediately when a defect appears. A proper notification is sufficient, giving both parties time to work toward a solution.

Service contracts: everything under one roof

Where you currently still have to navigate between different regimes for construction, mandate, and deposit, Book 7 Civil Code brings all these agreements together under one overarching concept: the service contract. This ensures clarity and uniform obligations.

Two important innovations:

• Safety obligation: for high risk assignments, the contractor must take all reasonable precautionary measures to prevent damage.
• Direct payment right: subcontractors and other auxiliaries may address the principal directly if the main contractor fails to pay. This rule is mandatory and cannot be contractually excluded.

Sale or service? Clear criteria

Many contracts in practice are mixed agreements, combining both the supply of goods and the provision of services. Think of the delivery and installation of machinery, or turnkey projects where both the land and the construction are sold.

Book 7 Civil Code finally provides clarity with concrete qualification criteria:

• A contract for a product to be manufactured is considered a sale, unless the customer supplies the materials or the product is fully customised.
• Land + construction (off plan sale) is always treated as a sale.
• In mixed contracts, the main component determines the qualification.

Why does this matter?
The qualification determines your liability, the moment the risk transfers, and the applicable deadlines. In sales, you are almost automatically liable for defects; in services, the customer must prove a fault.

What should you do now?

The new rules only apply to contracts concluded after their entry into force. The old and new regimes will therefore coexist for many years.

Our concrete recommendations:

1. Inventory your contracts: which models do you use for sales, construction, leases, and services?
2. Update your general terms and conditions: review clauses on conformity, deadlines, notifications, and liability. Some provisions may soon become invalid.
3. Screen ongoing contracts: which still fall under the old regime, and which renewals will soon fall under the new rules?

Conclusion

Book 7 Civil Code is more than a technical legislative update. It fundamentally changes how your business drafts contracts, manages liability, and handles disputes.
The simplification and modernisation create opportunities for more legal certainty and efficiency — but only if you act proactively and adjust your contracts in time.

So don’t wait until publication in the Belgian Official Gazette. Start preparing now, ensuring your business is ready when the new rules take effect.

Our PKF BOFIDI Legal attorneys are here to help

Unsure about the impact of Book 7 Civil Code on your contracts or which adjustments are needed?
Feel free to contact us. Our experts provide practical and targeted support to ensure your contracts are fully aligned with the new legislation.

This article was written by Katrien Ver Elst and Pieter Jan Van Mierlo.