Starting in 2025, a number of sweeping changes will take effect that will impact the construction industry. In this article, we provide an overview of the new regulations, potential risks and how you can be prepared for these changes as a business owner in the sector.
Overview of important changes and preparations
| Obligation | Deadline | Actions you can take |
|---|---|---|
| Registration of working partners and independent helpers | July 1, 2024 - penalties as of Jan. 1, 2025 | Register working partners and independent helpers through My Enterprise. Check the data regularly. |
| Limiting the subcontracting chain | As of Jan. 1, 2025 | Verify that you are performing at least 1% of the work yourself and adjust contracts as needed. |
| Duty of care for subcontractors | As of Jan. 1, 2025 | Collect and verify documents from subcontractors, especially when using non-EU workers. |
| Extra-contractual liability for subcontractors | As of Jan. 1, 2025 | Add liability clauses in your contracts and make arrangements with subcontractors. |
Below, we go over the changes and how to comply with the new regulations.
1. Registration of working partners and independent helpers.
What will change?
Since July 1, 2024, there has been a registration requirement for working partners and self-employed helpers in the construction and cleaning sectors. They must be registered in the Crossroads Bank for Enterprises (CBE) through the My Enterprise tool. From Jan. 1, 2025, penalties will be applied for noncompliance.
Risks
An administrative fine of €500 to €4,000 per violation can be imposed for non-compliance. Managing directors may be held jointly and severally liable.
Action Plan
Make sure that all working partners and independent helpers are registered and check regularly that the data is correct. Titeca is ready to support you in this process. More information is available in our article on the registration of working partners and independent helpers.
2. Limiting the subcontracting chain
What will change?
Starting in 2025, subcontractors are not allowed to fully subcontract a project and must perform at least 1% of the works themselves. Coordination of the contract does not count for this. The rule also applies to existing contracts.
Risks
A violation can carry a prison sentence of 6 months to 3 years or a fine of 4,800 to 56,000 euros, in addition to possible administrative fines.
Action Plan
Check that your current contracts comply with the new rule and update them if necessary. More details can be found in our article on subcontracting chain limitation.
3. Duty of care for subcontractors
What will change?
Starting in 2025, contractors must collect documentation from their subcontractors, especially when non-EU (third-country) workers are used. An online platform for this documentation is expected to come soon. Until then, it must be done manually.
Risks
Failure to comply could result in imprisonment from 6 months to 3 years or a fine from 4,800 to 56,000 euros, depending on the number of foreign nationals involved.
Action Plan
Request all necessary documents from your subcontractors in a timely manner and check them for validity. Inform the social inspection services when documents are not in order.
4. Extra-contractual liability
What will change?
As of 2025, a builder can hold a subcontractor directly liable for damages suffered, even without a contractual relationship. This means that claims for damages for mistakes made by a subcontractor can be made directly to him by other parties in the contracting chain.
Risks
As a subcontractor, you can now be held liable for errors without direct contractual agreements with the claiming party.
Action Plan
Review your contracts and add clauses to limit liability. This is essential to protect your position on projects after Jan. 1, 2025. Our article on extra-contractual liability offers further insights.
With these changes, the construction industry will face stricter compliance requirements and greater responsibilities. By making the necessary preparations now, you will avoid fines and other legal problems in 2025. Titeca is ready to help you with all your questions about implementing these rules.
