LIABILITY FOR NEGLIGENCE OR STRICT

(1)

NON-CONTRACTUAL LIABILITY

JOINT AND SEVERAL (IN

SOLIDUM) LIABILITY

LIABILITY FOR NEGLIGENCE OR STRICT

LIABILITY

Harm to the structure (to its soundness or

stability)

Unsuitability for the function Hidden defects

GERMANY ARYM ???

AUSTRIA

Legal regulation (ABGB) and contracts Contracts define the essential elements of the liabilities. They often refer to standards

(for example: ON B2110)

Liabilities depend on the contract and on the applicable standard

YES for the guarantee system of acceptance

or approval of the works verbally or tacitly NO for the compensation system

Any third party (neighbours, passers-by, business people, the State) can seek compensation for 3 years from knowledge of the damage and of the responsibility

for the damage

NO

Two regimes exist 1) "Liabilitity for damages"

2) "Liability due to warranty "

BELGIUM

Legal Regulation (articles 1147, 1382 and s., 2262 bis, 1792 and 2270 Civil Code),

jurisprudence and contracts

Responsible:

in respect of the budget in respect of programme in respect of any defects

YES

Acceptance of the works verbally or tacitly 10 years NO 10 years if a shorter period is not

defined in the contract

Any third party (neighbours, passers-by, business people, the State)

can seek compensation for a period of 5 years commencing with knowledge of the damage and 20 years maximum after the commission of the negligence

YES Derogation by contract is

possible

Responsibility due to negligence

BULGARIA CYPRUS CROATIA

DENMARK

Legal Regulation (Law of 1998) and contracts Contracts define the basis for liabilities (for

example: the standard contract of the DANSKE ARK = General Conditions ABR 89)

Responsible for any defects not responsible

in relation to the budget in relation to time limits

YES verbal acceptance of the works

5 years according to the ABR (unless there is any provision to

the contrary) 10 years according to the law if

the client is a consumer

Only the person who suffers physical injury can make a claim in respect of the architect's liability

NO only in solidum liability is

accepted

SPAIN

Legal Regulation (articles 1591 and following of the Civil Code + LOE "Ley de Ordenacion de la Edificacion"), jurisprudence and

contracts

Responsible in respect of the budget in respect of delays

for any defects

YES Acceptance of the works

verbally

10 years (material destruction) 3 years but only for dwellings (functional destruction)

3 years but only for those that affect habitability (functional

destruction)

All third parties (neighbours, passers-by, business people, the State)

can seek compensation from the architect

YES No derogation is possible by

contract

ESTONIA

FINLAND

Legal Regulation (The Land Use and Building act + The National Building Code) and

contracts Contrats define the basis of liabilities (for

example: General Conditions KSE 1995)

Responsible for structural problems Not responsible in respect of the

budget, for the programme, for any defects

NO The point of departure for liabilities is the end

of the service provision

YES

Responsibility for negligence (except during the minimum I year guarantee period envisaged by

the KSE)

FRANCE

Legal Regulation (article 1147,1382 and 1792 and 2224 Civil Code) jurisprudence and

contracts

Responsible for any defects Not responsible in respect of the

budget or the programme

YES Acceptance of the works

verbally or tacitly (which can be awarded judicially)

10 years 10 years 10 years

YES No derogation possible by

contract

GREECE HUNGARY IRELAND ITALY

LATVIA Legal Regulation and contracts

Responsible in respect of the budget in respect of the programme

NO responsible but no indicated time limits

responsible but no indicated time limits

Certain third parties (neighbours and the State) can seek compensation from

the architect

NO Responsibility due to negligence

LITHUANIA Legal Regulation jurisprudence and contracts

Responsible in respect of the budget in respect of any defects

YES verbal acceptance of the works

or delivery of the works

no responsibility for structural problems after documented

acceptance

no responsibility after documented acceptance

Guarantee period limited by the construction law of LR

Certain third parties (neighbours and the State) can seek compensation from

the architect

YES No derogation is possible by

contract

LUXEMBURG

Legal Regulation (articles 1792-2270 Civil Code + Law of 13 december 1989 relating to

the organisation of the professions of architects and consulting engineers) jurisprudence and contracts

Responsible in respect of the budget in respect of the programme

YES Acceptance of the works verbally or tacitly

(note: the concept of completion of the works is defined by jurisprudence and is distinct from

the acceptance)

10 years for large projects

2 years for minor projects NO 10 years for large projects 2 years for minor projects

YES Derogation is possible by

contract

MALTA Legal Regulation

Not responsible in respect of the budget

in respect of the programmes defects that make the construction

"unsuited to its purpose"

YES Acceptance of the works verbally or tacitly or the delivery of the works according to the

circumstances of the project

15 years NO 15 years

All third parties (neighbours, passers-by, business people, the State) who suffer a monetary loss can seek compensation from

the architect

NO (note: it is required by law that

the architect and the "contractor "

are jointly liable )

Responsibility without fault

NORWAY

NETHERLANDS

Legal Regulation, jurisprudence and

contracts It is the contracts which define the basis for

liabilities (for example: general conditions DNR 2005 or CR2006 for members of the

BNA)

Responsible The contract determines the

liabilities

YES Acceptance of the works verbally when the

Civil Code applies NO the completion of professional services when

the DNR applies

NO Not clear Not clear Not clear YES Responsibility due to negligence

POLAND

Legal Regulation (art. 415, 442 and 471 CC) and contracts. Individual contracts regulate

the basis for liabilities

budget or in respect of the programme

NO Acceptance of the works verbally or tacitly

or handover of the works

NO Responsibility due to negligence

PORTUGAL Legal Regulation and contracts In relation to his or her professional services

YES

verbal acceptance of the works NO Not clear Not clear Not clear Not clear Responsibility due to negligence

CZECH REPUBLIC

Legal Regulation (Act No 360/1992 Coll of

the 7 May 1992) and contracts the contracts regulate the basis for liabilities

Responsible for the programme and

for any defects Not responsible in respect of the

budget

NO but "final inspection approval" exists

No liability is indicated in relation to third parties - third

parties must pursue the building owner YES Responsibility without fault

ROMANIA Legal Regulation and contracts

budget or in respect of the programme

YES Acceptance by the client, inspection by the

state and the town administration final handover takes place after a guarantee

period of 1 or 2 years with the same participants

indeterminate period: the whole

life of the building Not clear responsible

but no programme indicated No liability indicated in relation to third parties YES

No derogation possible Not clear

UNITED KINGDOM Legal Regulation and contracts In relation to his or her professional services

NO later discovery of defects may prolong the

possible claim period

YES YES YES Any third party proving direct harm or loss YES

(subject to contract) Liability for negligence

SLOVAKIA

Legal Regulation jurisprudence and contracts Contracts regulate the basis of the liabilities

Responsible in respect of the budget for any defects

YES

"practical completion certificate" (delivery of the certificate of acceptance of the works)

the parties can agree the

programme:

12 years for contracts by deed or 6 years for a simple contract

the parties can agree the

programme:

12 years for contracts by deed or 6 years for a simple contract

15 years provided that the claim has been presented within a period of 3 years from knowledge

and a maximum of 6 from the completion of the works

All third parties (neighbours, passers-by, users of "tram", business people, the State) can seek compensation from the

architect

NO

Responsability due to proven negligence (except for the construction of dwellings which implies an

objective liability)

SLOVENIA Legal Regulation and contracts

Not responsible in respect of the budget in respect of the programme

YES Technical examination and acceptance by the

public authorities

10 years Not decided 6 years

Certain third parties (neighbours and passers-by) can seek compensation

from the architect

YES

Derogation possible by contract Not clear

SWEDEN

Legal Regulation and contracts The contracts define theliabilities (for

example: General Conditions ABK 96 published by the contracts committee in agreement with the professional association

"Swedish Association of Architects")

Responsible for the programme and

for certain defects Not responsible in respect of the

budget

Not clear No responsibility 10 years No responsibility No responsibility to third parties is indicated YES

Derogation possible by contract YES

SWITZERLAND TURKEY

The liability regime: an action must be commenced within 3 years from the acceptance or approval of the works by the building owner

The system of claim based on negligence: an action must be commenced within 3 years from knowledge of the damage but 30 years maximum after delvery of the project(?) Provisional table created on 21.08.2009 and reviewed on 25.8.2015

COUNTRY

Third parties who may commence an action LEGAL BASIS

LIABILITIES REGIME FOR EUROPEAN ARCHITECTS

CONTRACTUAL LIABILITY

Liabilities after the works The end of the construction

phase as a point of departure for a period of specific liabilities?

Liabilities before and/or during the works

According to the KSE : Garantee of 1 year minimum from the completion of the professional service but liability lasts for 10 years for all damages caused by an "intentional or gross negligence or incompletete

performance "

Indeterminate liability during the period but programme prescribed for the claim of liability:

3 years from knowledge of the damage and 10 years maximum from its having arisen

Liability without restriction during the period but the prescribed timetable for a claim of liability is from 2- 3 years