Insurance Obligation

Professional Indemnity Including the 10-year Structural Warranty 

Every natural person or legal entity that is authorised to practice the profession of architect and entered to one of the rolls of the Order of Architects is under an ethical obligation to take out insurance covering professional indemnity, including the 10-year structural warranty.

These insurance policies cover more than the tasks set aside for the architect, but extend to all professional tasks undertaken by the architect. The architect as a natural person and the architectural legal entity can face ethical, civil and criminal penalties if they are not insured.  

More information on compulsory insurance for actors in the construction sector can be found on the FPS Economy website.

The Law Governing the 10-year Structural Warranty Obligation 

The Act of 31 May 2017 imposes on contractors, architects and other service providers in the construction industry the obligation to ensure their 10-year liability in the case of residential construction. Ten-year liability can be invoked for errors or defects that endanger a structure's strength, stability or watertightness and are attributable to mistakes by contractors and other service providers (architects, engineering firms, etc.) during the performance of their tasks.

The Law Governing the Professional Indemnity Obligation

The Act of 9 May 2019 compels all practitioners of intellectual professions in the construction industry (architects, engineers, land surveyors - experts, engineering firms, project managers, etc.) to ensure their civil professional liability.

Ethical Insurance Obligation

In addition to the aforementioned legal insurance obligations, the architect is also obliged in accordance with the Code of Professional Conduct and Practice (established by the National Council of the Order of Architects and approved by Royal decree) to insure his or her 10-year structural warranty for construction projects not covered by the legally required insurance for residential constructions. 

Pricing Agency

Unable to find an insurer? You can apply to the Tariferingsbureau (Construction Pricing Agency) for insurance if you can produce evidence of rejection by three insurers.

The Construction Pricing Agency can:

• Set a premium, account taken of the risk presented by the policyholder and the conditions of cover. Conditions may also be imposed to limit the risk presented by the policyholder.
• Or refuse to give insurance cover (stating its reasons).

Professional indemnity and/or 10-year structural warranty policies can be submitted at the Pricing Agency website, by clicking “TB Bouw”.

Consult the Royal decree concerning the 'Construction' Pricing Agency and the Compensation Fund.