On 16 July 2026, the Belgian Parliament adopted Book 7 of the new Civil Code, introducing a comprehensive overhaul of several key contractual relationships.
In our first article (read it here), we provided an overview of the reform, its scope and its entry into force on 1 September 2027.
This seventh article examines a question that is particularly relevant to service providers across all sectors: what are the service provider’s obligations?
Under the new Book 7 of the Belgian Civil Code, all contracts for the provision of services (whether intellectual or physical) are now subject to a single set of rules (Title 4 of Book 7).
These rules apply to all sorts of service contracts, including the construction contract, the mandate contract (under which the service provider performs a legal act on behalf of the client) and the deposit contract (which mostly concerns the safekeeping of property by the service provider).
Overview of the provider’s duties
All obligations of the service provider are now listed in Article 7.4.12 which provides:
Ԥ1. The service provider is obliged:
1° to perform the service in accordance with the contract and to deliver it and, where applicable, to safeguard any property entrusted to its care by the client in this context;
2° to transfer ownership of an item, where this arises from the nature or scope of the service contract;
3° to be liable for cases of eviction arising from its own acts or from the acts of third parties attributable to it;
4° to inform the client of the performance of the service and, upon delivery of the service, to return to the client any property which the service provider has received in the course of performing the service; and
5° to cooperate with the other service providers referred to in Article 7.4.28.
§2. The service provider shall, within the scope of its service, take the security measures required by law, good faith and established practice.
§3. The service provider shall avoid conflicts of interest where required by law, established practice, the contract or good faith.’ (free translation)
The subsequent articles of Title 4 of Book 7 detail each obligation further (Articles 7.4.13 to 7.4.28; this last article, directly mentioned by Article 7.4.12, states the following: ‘If several service providers have been appointed to carry out a service, each bound by a separate contract with the client, each of them is required to cooperate with the other service providers’ (free translation)).
Each service contract imposes two basic duties on the service provider: (1) to perform the service in accordance with the contract (including delivering the results of the service, if any, to the client) and (2) to protect the client against certain legal claims arising from the service provider’s own acts or from the acts of third parties attributable to the service provider (thereby aligning the client’s protection with the rules applicable to sales contracts).
The other obligations listed in the first paragraph will not necessarily apply to every service contract. These include the transfer of ownership of items, the safeguarding of goods owned by the client, the obligation to inform the client and return to the client, upon completion of the service, any property received in connection with the performance of the service, or the obligation to cooperate with other service providers.
Those obligations will only apply where relevant. However, they will apply once the relevant conditions are met, even if the contract is silent on these matters, unless it has expressly derogated from the new provisions.
Some newly codified duties worth mentioning
The second paragraph includes a general duty to take reasonable safety precautions. This covers the appropriate steps to prevent harm, but also the need for a service provider to first identify the relevant risks that may arise from carrying out the service.
The parliamentary preparatory works cite the example of a construction contractor who should check for underground pipes before excavation.
This safety duty is described as a contractual duty owed to the client and applies in addition to the service provider’s general duty to take care not to harm third parties. This obligation is, however, limited to the scope of the service provider’s services.
Also worth mentioning is the third paragraph which obliges the service provider to avoid conflicts of interest ‘where required by law, established practice, the contract or good faith’. This wording is broad: the extent of this duty will clearly vary with the circumstances. The aim of inserting this obligation directly within Article 7.4.12 relates to the sanctions for its breach: should a service provider have a conflict of interest that it ought to have avoided, this behavior will now be treated as a contractual breach, sanctioned as set out in Book 5 of the Civil Code (in particular Article 5.83, to which Article 7.4.29 refers).
Preparing for the future
Although Book 7 will become applicable only on 1 September 2027, service providers may already wish to assess how the new Title 4 in general, and Article 7.4.12 in particular, could affect their projects and contractual documentation.
Service providers, including management companies, SaaS providers, engineers, event organisers, repair and maintenance businesses, accountancy firms and marketing agencies, may wish to review their contractual structures and project documentation in light of the new list of obligations set out in Article 7.4.12.
Early preparation can help ensure that contractual arrangements, project documentation and standard contract templates remain fit for purpose once the new framework becomes applicable.
Further insights to come
In the coming months, Simont Braun will continue to examine the practical implications of Book 7 for businesses operating in Belgium. Further insights on specific aspects of the reform will be shared via our LinkedIn page.
In parallel, our lawyers Thomas Derval, Rafaël Jafferali and Charles-Edouard Lambert are coordinating a conference dedicated to the reform, as well as a collective publication scheduled for early 2027.
Questions about Book 7 and its implications for service contracts or service providers? Please feel free to contact Rafaël Jafferali or Maïka Bernaerts.
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This newsletter does not constitute legal advice or a legal opinion. Please consult with a legal counsel before taking any action based on the information provided.