Information note - Professional liability & insurance cover for architects and design offices
📌 Information note - Professional liability & insurance cover for architects and design offices
🗓️ July 2025 - For architects and designers working through a company
❗ Recent case law reinforces the need to pay close attention to your insured status
Visit Court of Cassation issued a ruling on May 22, 2025 (Cass., 22/05/2025, no. C.23.0404.F), which emphasizes a critical flaw in the coverage of certain Belgian architects:
👉 Policies taken out by architects in their personal capacity do not automatically cover services provided through their company.if it is not registered with the Ordre and is not included in the contract.
⚖️ Highlights of the case:
- An architect registered with theOrder of Architects practiced via an unregistered SPRL.
- An architectural contract is signed by the SPRLand not by the individual.
- Professional liability insurance had been taken out in the name of the individual architect.
- In the event of a claim (here: serious defects), the insurer has refused to interveneon the grounds that the contract had been entered into by an uninsured entity.
Visit Cour de cassation quashes appeal rulingreminding us that the architect remains personally liable when the company has no legal title to practice the profession (cf. art. 2 and 9 of the law of February 20, 1939).
✅ Our recommendations at Avesta Insurance
For secure your insurance coveragemake sure that :
- Your company (SPRL, SRL, etc.) is registered with the Order of Architects if it signs contracts on behalf of the office.
- A professional liability policy specifically underwritten in the company's nameand not just privately.
- Your insurance contract clearly distinguishes :
- Actions taken in your own name (natural person),
- Services provided via your company.
Who's concerned?
- Self-employed architects practising in the form of a company (SPRL, SRL...)
- Technical design offices, stability, PEB, safety coordination
- All other designers
Need an audit of your professional liability coverage?
At Avesta Insurancewe support a large number of designers and specialized firms in bringing their legal structure and professional insurance into line.
