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 expected entry into force in September 2027.
This article focuses on another important aspect of the new framework: the time limits applicable to non-conformity claims and the practical consequences of missing them.
What’s new?
Book 7 introduces a broadly harmonised two-step framework for time limits on non-conformity claims.
First, the defect must be notified within a reasonable period after it was, or should have been, discovered (notification period). Late notice generally means forfeiting the right to rely on it, except where the defendant had an effective knowledge of the defect.
Second, the claimant has two years from notice to bring proceedings (limitation period), which is suspended during sufficiently serious negotiations and judicial or adversarial out-of-court expert investigations.
This framework applies, with some variations, to sales contracts, service contracts and leases.
Sales contracts
For sales contracts governed by the general rules of Book 7, defects must appear within ten years after delivery (conformity period).
In any event, the buyer’s rights are forfeited ten years and three months after delivery (long-stop).
Importantly, suspension does not extend this long-stop.
As a result, a claimant may have considerably less than two years remaining to bring proceedings. For example, where a defect is notified on the final day of the conformity period of ten years and negotiations subsequently last for one month, only two months may remain to commence proceedings.
Service contracts
For service contracts, the two-year limitation period cannot expire earlier than two years after delivery, regardless of the notification date.
A ten-year conformity period and a ten-year-and-three-month long-stop run not from delivery, but from acceptance of the completed service.
For construction defects related to the stability or solidity of an immovable work, the notification requirement does not apply.
Leases
Leases have no conformity period or long-stop.
Defects will still need to be notified to the landlord within a reasonable period after they were, or should have been, discovered. If no notification is given, the tenant – unless it has knowingly waived its rights – will retain the right to require the landlord to bring the property into conformity going forward, but will lose the right to invoke remedies for any past loss of use and enjoyment. The two-year limitation period for claims relating to past loss of use or enjoyment runs from notice.
For other non-conformity claims, the two-year limitation period runs from the end of the lease.
Other specific regimes
Separate rules apply to consumer goods, domestic animals and digital products.
Preparing for the future
Although Book 7 is expected to become applicable in September 2027, businesses would be well advised to begin reviewing their claims-management and contract-administration procedures now.
In practice, organisations may wish to:
- establish clear processes for documenting the discovery of defects;
- ensure that notifications are sent promptly and can be evidenced;
- monitor contractual deadlines centrally; and
- keep records of events capable of suspending limitation periods.
The new framework makes timing a critical aspect of contract management.
Insider’s tips
- The two-year limitation period is not permission to wait – notice must still be timely.
- Keep evidence of when the defect was discovered and when notice occurred.
- Track deadlines and record every suspension event.
- Freedom of contract applies in B2B relationships so that the notification period could in principle be specified to avoid discussions on what a “reasonable” time period is.
Early preparation can help ensure that internal procedures and contractual documentation remain fit for purpose once the new regime 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 non-conformity claims, notifications and limitation periods? Please feel free to contact the author of this article, Rafaël Jafferali and Charles-Edouard Lambert.
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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.