Hidden Defects in Property Purchases: Legal Protection and Practical Insight
- AVvocato
- Sep 26
- 2 min read
Buying a home is a milestone—but what if, after receiving the keys, you’re confronted with hidden defects? Consider unexecuted permit-required works, such as a green roof or a landscaped zone that should have been present according to the building permit, but are in fact missing. Such defects can not only affect your living comfort, but also carry legal consequences.
⚖️ What Does the Law Say?
Belgian law offers buyers protection through the rules governing hidden defects:
Article 1641 of the former Civil Code: “The seller is obliged to guarantee against hidden defects in the sold item that render it unfit for its intended use, or that so diminish its usefulness that the buyer would not have purchased it, or would have paid a lower price, had they known of the defects.”
Article 1645 of the former Civil Code: If the seller was aware of the defect, they are also liable for all resulting damages.
Article 1648 of the former Civil Code: Legal action must be initiated within a short period after discovery. According to the majority of legal doctrine, this period only begins from the moment the defect is discovered (A. Christiaens in Bijzondere overeenkomsten, Kluwer).
In addition, the pre-contractual duty to inform plays a crucial role. Under Article 5.35 of the Civil Code, deliberately withholding essential information constitutes fraud.
This was confirmed in the judgment of the Brussels Court of Appeal dated 14 March 2008 (TBBR 2009, 365), where compensation was awarded equivalent to a 75% reduction in the purchase price.
🧑⚖️ Case Example: Unexecuted Permit-Required Works
In a recent case, it was revealed that the sellers had failed to carry out essential works required by the building permit, despite their declarations in the authentic deed. The buyer was reasonably entitled to assume that the actual condition of the property matched the permitted condition. The sellers had explicitly stated they were unaware of any unlawful constructions and that all works had been executed in accordance with the permit.
When this proved to be false, the sellers were held liable based on:
Article 877 of the Judicial Code: Order to produce documents such as architectural statements and invoices.
Article 1134 of the former Civil Code: Breach of good faith.
Articles 1382–1383 of the former Civil Code: Liability for providing incorrect information.
📌 Conclusion
Hidden defects are not only technical in nature—they are legally complex. As a law firm experienced in real estate disputes, we assist clients in asserting their rights. Whether it concerns compensation, price reduction, or legal proceedings—a well-considered legal strategy makes all the difference.
Do you have doubts about the condition of your property or suspect a hidden defect?
Feel free to contact us for tailored legal advice.
Andreas Verbraeken,
Advocaat – Attorney at law
Belgiëlei 173-8
2018 Antwerpen BELGIE
T: +32/(0)3/369.88.43
F: +32/(0)3/369.37.12
E-mail: andreas.verbraeken@avvocato.be
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