In an important judgment of 19 December 2025 (C.25.0192.F), the Court of Cassation emphasized the fundamental importance of the architect’s duty of supervision when selecting the contractor, in particular with regard to the contractor’s access to the profession.

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.
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:
This follows from:
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.
This judgment has important implications for both architects and building owners:
For architects:
The duty of care is broad and proactive:
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:
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/
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)
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