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 outlined the reform and its entry into force on 1 September 2027.
This article examines the conformity guarantee applicable to consumer sales contracts and explains how Book 7 largely preserves the substance of the existing regimes while providing a clearer framework and giving greater prominence to durability.
A specific conformity guarantee for consumer sales contracts
After establishing a general ten-year conformity guarantee which, as explained previously, merges the obligation to deliver conforming goods with the guarantee against hidden defects, Book 7 retains a specific conformity guarantee regime applicable to certain contracts concluded between a business and a consumer.
This regime applies to the sale of consumer goods and domestic animals (currently governed by Articles 1649bis to 1649nonies of the former Civil Code) as well as to the supply of digital products (currently regulated by Articles 1701/1 to 1701/18 of the same Code).
Same substance, clearer framework
In substance, Book 7 remains largely consistent with the existing legal framework.
Articles 7.2.38 to 7.2.69 consolidate and reorganise these mandatory regimes around conformity criteria, guarantee periods and rebuttable presumption of prior existence of one or two years, depending on the subject matter concerned, and remedies.
Where necessary, these rules are adapted to the specific characteristics of consumer goods, domestic animals and digital products.
As under the current regime, repair and replacement remain the primary remedies for a lack of conformity, while price reduction or termination of the contract is available only as a secondary remedy. However, Article 7.2.54 now requires the business, before bringing the goods into conformity, to inform the consumer of their right to choose between repair and replacement.
Greater attention to durability
Book 7 also reflects growing concerns regarding durability.
Article 7.2.42 makes clear that conformity is assessed not only by reference to the contractual terms, but also in light of what the consumer may reasonably expect from the consumer good, domestic animal or digital product, having regard in particular to its reasonable lifespan.
The same concern is reflected in Article 7.2.69, which governs the commercial durability guarantee that producers may offer to consumers. Once granted, however, such a guarantee directly binds the producer to repair or replace the consumer goods throughout the period promised.
In addition, Article 7.2.55 provides that, at the consumer’s express request, replacement may take the form of a refurbished good.
Durability and the green transition
This focus on durability should also be viewed in the broader context of the Act of 22 July 2026, published in the Belgian Official Gazette on 4 August 2026 and in force since 27 September 2026.
Transposing Directive (EU) 2024/825, which seeks to empower consumers for the green transition, notably through improved information, the Act amends Book VI of the Belgian Code of Economic Law and strengthens, inter alia, the pre-contractual information obligations imposed on businesses concerning the conformity guarantee.
Businesses were already required to inform consumers clearly, before the conclusion of the contract, of the existence of the conformity guarantee. With regard to consumer goods, they must now also provide a harmonised notice recalling the existence of the guarantee and setting out further information, including the duration of the guarantee and the available remedies.
Where a producer offers a commercial durability guarantee covering the good for a period exceeding two years, a separate harmonised label must indicate the existence and duration of that guarantee.
The form and content of both the notice and the label are laid down in Commission Implementing Regulation (EU) 2025/1960.
Preparing for the future
The strengthened pre-contractual information requirements introduced by the Act of 22 July 2026 have applied since 27 September 2026. Businesses should therefore ensure that the information provided to consumers, including the harmonised notice and, where applicable, the harmonised label, complies with the requirements already in force.
Book 7 will enter into force on 1 September 2027. Although it largely preserves the substance of the existing conformity guarantee regimes, businesses should consider whether any updates to their guarantee documentation or sales or after-sales processes may be appropriate ahead of its entry into force.
Key takeaway
Book 7 does not fundamentally alter the conformity guarantee regimes applicable to the sale of consumer goods, the sale of domestic animals and the supply of digital products. It mainly consolidates the existing regimes within a clearer framework while giving greater prominence to durability.
Businesses must nevertheless distinguish between the strengthened pre-contractual information requirements, which have applied since 27 September 2026, and the consolidated conformity guarantee framework under Book 7, which will enter into force on 1 September 2027.
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 consumer contracts, conformity guarantees or durability guarantees? Please feel free to contact the authors of this article, Rafaël Jafferali and Guillaume Schultz.
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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.