Construction Law & Liability of the Architect

Facts in a nutshell

In this case, a building owner, assisted by an architect, had entered into a construction contract with a contractor who did not have the required access to the profession. The construction contract was therefore declared null and void. The building owner argued that the architect was liable because he had failed to verify this access and to advise on it.

The appellate court had held that the architect was not liable, since he had allegedly advised against the contractor due to technical and financial risks.

The Court of Cassation annulled that decision.

What’s the ruling of the Court of Cassation?

The Court confirms that the statutory and deontological duties of the architect go beyond a purely technical or financial assessment of the contractor.

The Court expressly rules that:

• the architect’s duty of advice and assistance entails that he must inform the building owner of the regulations governing access to the profession and
• verify whether the contractor actually has such access at the time the construction contract is concluded.

This follows from:

• Article 4 of the Act of 20 February 1939 (mandatory involvement of the architect for works requiring a permit), and
• Article 22 of the Code of Ethics of the Order of Architects, which obliges the architect to assist the building owner in choosing the contractor and to point out the guarantees offered.

The Court further holds that a judge may not limit himself to establishing that the architect issued technical or financial warnings. The judge must also examine whether the architect complied with his legal duty of control regarding access to the profession.

Significance for practice

This judgment has important implications for both architects and building owners:

For architects:

The duty of care is broad and proactive:

• not only warning about low prices or technical shortcomings,
• but also verifying whether the contractor is legally authorised to carry out the works (access to the profession, registration, etc.).

Failure to carry out this verification may lead to contractual liability if the construction contract is found to be null and void.

For building owners:

The judgment strengthens their protection:

• they may rely on the architect to guide them not only technically but also legally in the choice of contractor;
• if an unauthorized contractor is appointed, the architect may be held liable for that appointment.

Conclusion

With this judgment, the Court of Cassation underscores that the role of the architect goes beyond that of a technical designer or cost advisor. The architect acts as a key guardian of the legality and safety of the construction process.
Verification of the contractor’s professional qualifications is an integral part of this role and cannot be ignored or dismissed with mere warnings about price or quality.

For a comprehensive overview of the legislation governing the real estate sector in Flanders and Brussels, you can consult the new “Vastgoedcodex“, published in collaboration with KnopsPublishing.
Buy a copy (print or download – Dutch) here: https://nl.knopspublishing.be/shop/boeken/burgerlijk-recht/vastgoedcodex-vlaanderen-brussel-2025-2026/

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For further information or assistance, you can always contact the Real Estate team at Andersen in Belgium.
Ulrike Beuselinck (Partner – Mediator) & Koen De Puydt (Managing Partner)