BELGIUM Trends and Developments Contributed by: Pieter Puelinckx, Yves Moreau, Bénédicte Deboeck and Melissa Verplancke, Linklaters
The government also seeks to simplify energy renovations in co-owned apartment buildings. Currently, a two-thirds majority is needed to approve such projects. The new proposal would lower this requirement to a simple majority, potentially accelerating the adoption of renew - able energy solutions in shared properties. Additionally, the government plans to update the Breyne law regulating the construction of hous - ing since 1971. The revisions aim to close existing gaps and offer better protection against dishonest commercial practices. For major renovations and “closed shell” ( gros oeuvre fermé/wind-en waterdicht ruwbouw ) projects, a new legal protection sys - tem is proposed, alongside the establishment of a construction mediation service to further safeguard consumer interests. Lastly, measures targeting the construction industry include mandatory registration upon leaving building sites to combat social dump - ing and enhance safety. The government also intends to address abusive subcontracting prac - tices, ensuring fairer conditions for professionals in the sector. Ongoing recodification of the Belgian Civil Code Belgium is currently undergoing a significant legal transformation with the recodification of its Civil Code. This reform aims to modernise and consolidate the legislative framework, ensuring it is adapted to contemporary societal needs and legal practices. In recent years, the real estate sector has been significantly impacted by changes, such as the update to Belgian property law (Book 3), which took effect on 1 September 2021, and the con -
tract law reform (Book 5), effective from 1 Janu - ary 2023. The most recent reform concerns the extra- contractual liability legal regime (Book 6), which came into force on 1 January 2025. A new feature in Book 6 is the possible concurrence of con - tractual and extra-contractual liability between contracting parties unless otherwise specified by law or the contract. It is expected that opt-in/ opt-out clauses for concurrent liability regimes will become common in real estate agreements. Book 6 also permits principal creditors to pursue extra-contractual claims against auxiliaries (like subcontractors) while maintaining contractual claims against the main debtor who engages auxiliaries. To reduce the impact of concurrent liabilities, defendants (whether main debtors or auxiliaries) in extra-contractual liability claims can use contractual exemptions, exonerations, and defences available in their respective con - tracts (main contract and subcontract). This has significant implications, particularly in the insur - ance domain and construction law, due to the extensive use of subcontractors in construction projects. Finally, the provisions concerning special con - tracts (such as sale, lease, mandate, loan, and service contracts) are being comprehensively revised, which will eventually form Book 7. Adoption is expected in late 2025, with imple - Soil contamination by PFAS (perfluoroalkyl and polyfluoroalkyl substances) is drawing increased focus and regulatory action in Belgium, spurred by media attention and scientific developments. The Belgian federal government, as per its federal agreement 2025–2029, aims to phase out PFAS across Europe, working with regional authori - mentation planned for 2026. Soil contamination by PFAS
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