What does 'ten-year liability' in new construction mean?

What does 'ten-year liability' in new construction mean?
 

Due to the Peeters Act, since July 1, 2018, not only contractors and architects but also construction promoters and engineering firms are liable for problems in new construction.

What does this mean in concrete terms?

The Breyne Act stipulates that from the moment the client has accepted the works at the provisional or final acceptance, the ten-year liability of the contractor and architect begins to run. Since the Peeters Act, this law has been extended.

All parties that can be held liable are required to take out insurance to eliminate discrimination against architects and to provide better consumer protection.

This ten-year liability insurance applies to all elements that serve to make a building stable and solid (such as pipes, partition walls, stairs, etc.) and also to elements that make the building water- and windproof.

Since 1 July 2018, the Peeters Act has therefore also applied to all urban development permits where an architect is required to intervene.

Who exactly is liable?

• Contractors and subcontractors who make mistakes during the execution of the closed shell construction (e.g. person who installs windows and doors or a roofer).
• A building supervisor who is responsible from design to completion and is also responsible for the execution of the works. If a construction promoter only does intellectual work, on the other hand, he is not liable.
• Consultancy firms
• Safety engineers
• Architects were already liable for design errors or poor supervision and interior designers, on the other hand, are not liable (so problems with painting, floor covering, etc. are not covered).