After renovation or construction works, you expect your home to be in top condition. Still, it’s possible that you discover moisture problems shortly after renovation works. A musty smell, mold, or peeling paint are often the first signs. . Then the question arises: did the contractor make a mistake and can they be held liable for it?
In Belgium, there is a statutory decennial liability for contractors and architects. This regulation is intended to protect you as the owner against such problems. But what exactly is and isn’t covered by this liability?
Decennial Liability: how Does it Work?
Every contractor and architect performing construction or renovation works is legally obliged to remain liable for serious defects for ten years after completion. This is stipulated by law and applies regardless of what is stated in the contract.
Specifically, this concerns defects that:
- threaten the stability of the home,
- or seriously compromise the water-tightness and habitability.
It therefore concerns not only visible construction flaws, but also hidden moisture problems that only come to light after several years. Good for you as a customer!
In addition, contractors are sometimes also liable for minor defects, but in that case, there is no fixed ten-year period. This is often contractually agreed upon and depends on the situation.
Moisture Problems Must be Addressed as Soon as Possible
Whoever is responsible for the moisture in your home, you’d better act quickly. Moisture can cause serious damage, both to the home and to your health. Consider:
- detaching plasterwork and peeling paint,
- damaged wood and masonry,
- mold formation and poor air quality,
- in the long term, even structural problems with the walls and floors.
Because moisture can have such a significant impact on your home, it is often considered a serious defect covered by decennial liability. But beware: not every moisture problem in your home can simply be blamed on the contractor.
What IS Covered by Decennial Liability?
Moisture problems caused by errors during the works or by poor materials are generally covered by decennial liability. The moisture is then due to an error made by the contractor. Some examples:
Rising Damp Due to a Faulty or Missing Damp-Proof Course
If the contractor has not installed a correct damp-proof course, or if it has been incorrectly applied, ground moisture can penetrate the walls.
Penetrating Damp through Poorly Jointed or Poorly Impregnated Facades
If the facade was not correctly repaired or finished, rainwater can penetrate.
Leaks around Windows and Doors
If joinery does not properly connect to the masonry, gaps are created through which moisture can enter.
Incorrectly Installed Roofs or Gutters
Poorly installed roofing, poor drainage, or leaking connections can cause a specific part of your facade to be overloaded with rainwater, resulting in damp patches.
Errors in Basement Waterproofing or Tanking
If the basement was not (correctly) treated against groundwater, moisture can (continue to) penetrate.
What is NOT Covered by Decennial Liability?
Not all moisture problems are the result of contractor errors. On the contrary, in many cases, the cause of the moisture lies with the homeowner. If you do not properly maintain the property, moisture problems will occur sooner or later. These situations are therefore not covered by decennial liability. Some examples:
Condensation Due to Poor Ventilation
This is perhaps the most common cause of moisture in the home. If you ventilate insufficiently, moisture and mold can develop. The water vapor then accumulates and condenses against the walls. That is not the contractor’s fault.
Damage Due to Neglected Maintenance
Think of clogged gutters through which water penetrates.
Extreme Weather Conditions or Force Majeure
When there has been exceptionally heavy rainfall, a storm has raged over your house, or another natural disaster has caused moisture damage, the contractor is naturally not responsible either.
Moisture Problems Discovered After Works? Here’s How to Proceed!
Document the Damage
Take clear photos and note when you discovered the first traces of moisture.
Contact the Contractor
Inform the contractor who presumably made errors in writing about the problem. Often, a contractor is willing to take corrective measures themselves.
Formally Put Them in Default
Does the contractor refuse to take responsibility? Then send a registered letter in which you formally hold the contractor liable.
Engage an Independent Expert
A moisture diagnosis by a recognized specialist is crucial. This way, you can objectively demonstrate the cause of the moisture and whether there was indeed an error during the works.
If Necessary, Take Legal Action
If the contractor continues to refuse, you can potentially build a case through a lawyer. The judge can then rule that the contractor must pay the repair costs and any compensation.
Prevention Remains Important
Even though you can rely on decennial liability in some cases, it is naturally better to prevent moisture problems. Therefore, pay attention when choosing a contractor:
- Check references and reviews,
- Ask for the warranty and include it in the contract,
- Always have work carried out by a professional.
Solusio: your Moisture Expert
Moisture problems after renovation or construction works are not only annoying but also often expensive to repair. Fortunately, the law provides protection. Contractors are liable for ten years for serious defects that compromise the stability or water-tightness of your home.
Are you unsure? Then it is always wise to engage an independent moisture expert like Solusio. . We identify the cause of the moisture and advise you on the correct steps and treatment. This way, you’ll be on solid ground and permanently rid of your moisture problem. Contact us today!