Limitation periods
Common Belgian limitation periods with their article and starting point, and a calendar computation of the end date. A reference, not advice: check every row.
Prescription is still in the old Civil Code (art. 2219 ff.), as far as this page knows: Books 1, 3, 4, 5, 6 and 8 of the new Civil Code are in force, a reform of prescription not yet. Check whether that has changed.
Calculate the end date
Interruption (art. 2242 ff. Civil Code: e.g. a summons, an acknowledgment, a formal notice by a lawyer, art. 2244 §2) and suspension (art. 2251 ff.) are not taken into account.
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| Claim | Period | Starting point | Article |
|---|---|---|---|
| Personal claims in general (e.g. contract) | 10 years | From the day after the claim fell dueThe default for personal claims without a special period. | art. 2262bis §1 al. 1 BWcheck |
| Extra-contractual liability (tort) | 5 years · at most 20 years | 5 years from the day after the injured party knew of the damage (or its worsening) and of the liable person; at most 20 years from the day after the harmful eventBoth periods run; the first to end applies. | art. 2262bis §1 al. 2–3 BWcheck |
| Civil claim arising from a criminal offence | 5 years · at most 20 years | As for tort (art. 2262bis): 5 years from knowledge, at most 20 years from the offenceNot before the public prosecution is time-barred (art. 26 preliminary title, Code of Criminal Procedure): not computed. | art. 26 V.T.Sv. / T.p. C.p.p.; art. 2262bis BWcheck |
| Real actions (e.g. ownership) | 30 years | Depends on the right; from the day after the starting pointCheck against Book 3 of the new Civil Code (property, in force since 1 September 2021). | art. 2262 BWcheck |
| Periodic payments (interest, annuities, maintenance, anything payable yearly or more often) | 5 years | Each instalment from the day after its due dateEach instalment prescribes on its own. | art. 2277 BWcheck |
| Rent arrears | 5 years | Each rent payment from the day after its due dateRent is a periodic payment (art. 2277); other claims under the lease (e.g. damage to the premises) fall under the 10 years. | art. 2277 BWcheck |
| Invoices between enterprises | 10 years | From the day after the invoice fell dueNo special short period, as far as known: the ordinary 10 years. Periodic invoices may fall under art. 2277 (5 years): check. | art. 2262bis §1 al. 1 BWcheck |
| Enforcing a judgment | 10 years | From the day after the judgment (check: from when it is enforceable)The claim under a judgment prescribes in 10 years (Court of Cassation); sums it awards periodically in 5 years (art. 2277). | art. 2262bis §1 al. 1 BW (art. 2277 BW for periodic sums)check |
| Enterprises, for goods delivered to consumers | 1 year | From the day after deliveryA presumption of payment: the creditor may put the debtor on oath (art. 2275). The wording ("merchants" / "enterprises") was changed in 2018: check. | art. 2272 al. 2 and 2275 BWcheck |
| Hotel and restaurant keepers, for lodging and food | 6 months | From the day after the serviceA presumption of payment (art. 2275). Check the current text of art. 2271. | art. 2271 BWcheck |
| Bailiffs, for the fees for their acts | 1 year | From the day after the actCheck the current text of art. 2272. | art. 2272 al. 1 BWcheck |
| Health-care providers (doctors, dentists, hospitals, …) | 2 years | From the end of the month in which the care was providedFor goods and services of health-care providers: check the scope. | art. 2277bis BWcheck |
| Lawyers’ professional liability | 5 years | From the day after the end of their missionThe same article frees them from keeping the files after 5 years. For lawyers’ fee claims: check. | art. 2276bis §1 BWcheck |
| Claims arising from an employment contract | 5 years · at most 1 year | 1 year after the contract ended, or 5 years after the fact giving rise to the claim, but never later than 1 year after the endClaims arising from an offence (e.g. unpaid wages) may run longer (art. 26 preliminary title, Code of Criminal Procedure): check. | art. 15 Arbeidsovereenkomstenwet / Loi relative aux contrats de travail (3 July 1978)check |
| Claims under an insurance contract | 3 years · at most 5 years | 3 years from the day after the event giving rise to the claim (or from knowledge of it, if later); at most 5 years from the eventFraud excepted. Special rules for some insurances: check. | art. 88 §1 Wet Verzekeringen / Loi relative aux assurances (4 April 2014)check |
| Injured party’s direct claim against the liability insurer | 5 years | From the day after the harmful event (or the offence)Check art. 88 §2 for the starting point when an offence is involved. | art. 88 §2 Wet Verzekeringen / Loi relative aux assurances (4 April 2014)check |
| Contractor’s and architect’s ten-year liability | 10 years | From the day after acceptance of the worksFor serious defects affecting the stability of a building; the claim must be brought within the ten years (case law). Check. | art. 1792 and 2270 BWcheck |
| Product liability | 3 years · at most 10 years | 3 years from the day after the injured party knew of the damage, the defect and the producer; at most 10 years after the product was put into circulationThe new EU Product Liability Directive (2024/2853) must be transposed by December 2026: check whether it has been. | art. 12 Wet Productaansprakelijkheid / Loi relative à la responsabilité du fait des produits (25 February 1991)check |
| Consumer goods: lack of conformity | 1 year · not before 2 years | 1 year from the day after the consumer discovered it, but not before the end of the 2-year guarantee from deliveryThe seller answers for defects appearing within 2 years of delivery. Check the current text (amended in 2022). | art. 1649quater §1 and §3 BWcheck |
| Hidden defects in a sale | no fixed period | Within a short time from discoveryNo fixed period: the judge assesses "a short time" case by case. Not in the calculator. | art. 1648 BWcheck |
| International road transport (CMR) | 1 year | From the day after delivery (partial loss, damage, delay); other cases: art. 32 §13 years for wilful misconduct or equivalent default. | art. 32 CMRcheck |
| Commercial agency contract | 1 year | From the day after the contract endedCheck the article number in Book X of the Code of Economic Law. | art. X.25 WER / CDEcheck |
| Claims against the Belgian State | 5 years | From 1 January of the budget year in which the claim aroseCommunities, regions and other authorities have their own rules: check. | art. 100 Wetten op de Rijkscomptabiliteit / Lois sur la comptabilité de l’État (KB/AR 17 July 1991)check |
A reference, not legal advice. Special laws, transitional law and case law may give another period.