The new Book 7 of the Civil Code rewrites special contracts

The law of July 22, 2026, inserting Book 7 “Special Contracts” into the Civil Code, was published in the Belgian Official Gazette (Moniteur belge) of September 23, 2026, on page 51210, under reference [C − 2026/005775]. The text, sanctioned by King Philippe and countersigned by the Minister of Justice A. Verlinden, rewrites the rules on sale, lease, service contracts, mandates, and consumer contracts. It enters into force on the first day of the twelfth month following its publication, namely September 1, 2027.

Adopted by the House of Representatives (documents 56-0743, full report of July 16, 2026), the text inserts a Book 7 into the Civil Code created by the law of April 13, 2019. It further modifies Books 1, 5, 8, and 9 of the same Code, as well as the Companies and Associations Code, the Economic Law Code, the Belgian Navigation Code, and several special laws, including those relating to ten-year construction insurance.

Book 7 is organized into seven titles:

• Title 1: status (supplementary law, unless mandatory or a matter of public policy).
• Title 2: sale and exchange.
• Title 3: lease and loan for use.
• Title 4: service contract (mandate, deposit, enterprise).
• Title 5: loan relating to a fungible asset (reserved).
• Title 6: aleatory contracts (gaming and betting, life annuity).
• Title 7: contracts relating to a dispute (sequestration, settlement).

Sale: conformity, lesion, and deadlines

The sale of real estate at a price lower than forty percent of its normal market value is subject to relative nullity; lesion is assessed on the day of the sale and the seller’s action is subject to a two-year statute of limitations. The common law guarantee of conformity covers defects appearing within ten years from delivery, with the action prescribing after two years and the customer’s right expiring in all cases after ten years and three months. Sale with right of redemption (réméré) is limited to ten years, a deadline of public policy.

In the sale of a business to a consumer, the delivery period may not exceed thirty days in the absence of an agreement. The guarantee of conformity is two years (one year for second-hand goods), with a presumption that the defect existed prior to delivery for two years; for pets, the guarantee is one year and the notification period may not exceed thirty days. The healing costs for an animal are capped at three hundred percent of the price bracket up to 500 euros, two hundred percent between 500.01 and 1,500 euros, and one hundred percent beyond that.

Lease, service, and ten-year liability

Rent is not indexed by default; indexation agreed upon based on the cost of living is permitted only once per lease year, based on the health index, and the notice period for a building is one month. The parties shall jointly draw up an entry inventory of fixtures no later than one month after delivery, and urgent repairs exceeding forty days entitle the tenant to a proportional reduction in rent. The termination clause in a building lease is deemed unwritten.

The service contract establishes an obligation of collaboration, renegotiation in the event of unforeseen constraints, and the direct action of the subcontractor against the client (Article 7.4.31). Liability for conformity defects threatening the stability of a structure (Article 7.4.57) runs for ten years from the date of acceptance, with forfeiture at ten years and three months and the absolute nullity of any exclusion clause.

Mandate, consumption, and disputes

The mandate provides for presumed authorized substitution, automatic termination upon death, dissolution, or insolvency, and termination at any time unless there is a common interest. The hotelier’s liability is limited to one hundred times the rental price of the accommodation per day, but is unlimited in the case of deposits held in their possession. Games and bets are subject to absolute nullity, subject to games authorized by the law of May 7, 1999, and sports betting. Escrow and settlement are regulated under Title 7 and following.

Repeals and transitional regime

The law repeals numerous provisions of the former Civil Code, notably articles 1582 to 1594, 1649bis to 1649nonies, 1701/1 to 1701/19, 1874 to 1891, 1914 to 1963, 1984 to 2010, 2044 to 2058, 2270, and 2273. It also repeals the law of August 25, 1885, on redhibitory defects, article 591, 15°, of the Judicial Code, and articles VI.43 and VI.44 of the Economic Law Code.

Book 7 applies to legal acts and facts occurring after its entry into force; unless otherwise agreed by the parties, previous rules remain applicable to the future effects of previous acts. By way of derogation, articles 6, 8, 11, 14, and 15 enter into force on the tenth day following publication, namely October 3, 2026.

For individuals, traders, and legal professionals, this text replaces a two-century-old foundation with a unified regime of conformity, deadlines, and sanctions, the entry into force of which on September 1, 2027, leaves one year to adapt standard contracts, clauses, and practices.

Source: Belgian Official Gazette of September 23, 2026, p. 51210 to 51249, law of July 22, 2026, [C − 2026/005775].