Compliance and proof of compliance
The distinction is simple to state and often neglected in practice. Conformity is a state, control is an act.
Compliance is a state. Works either meet a requirement or do not, independently of any document.
Proof is a means. It allows that state to be established to a third party, and its absence does not make the works non-compliant, but it makes compliance undemonstrable.
In a dispute, absence of proof often produces the same effect as non-compliance. That justifies treating the question as a subject in its own right.
Three moments when proof becomes necessary
They do not call for the same documents.
| Moment | What is required |
|---|---|
| Permit processing | undertakings and design declarations |
| Acceptance of works | certificates and inspection reports |
| Later transaction | certificates within validity |
The third moment is the most often forgotten, and yet it always arrives. A sale or letting may require documents nobody thought to keep.
Who checks what
The Belgian landscape combines several types of participant, with distinct roles. Their scopes do not overlap.
Approved inspection bodies, for fields where inspection by an independent third party is required.
Designated regulatory officers, such as the energy performance officer, whose role follows from a regional designation.
The architect, whose duty to supervise execution is part of their mandatory involvement.
The client themselves, for everything not subject to required inspection.
None of those participants covers the whole. A project may therefore be compliant on the points inspected and defective elsewhere, without anyone noticing.
What a certificate proves
A point developed in the dedicated article, but whose principle belongs here. A certificate covers only what it expressly states.
A certificate proves what it says, at the date it says it, within the scope it covers. It proves no more, not for the future, and not beyond its object.
The three corresponding limits are therefore scope, date and reach, covered in the article on certificates and their value. They are cumulative and admit no exception.
The special case of existing buildings
A cross-cutting subject deserving its own place. It concerns the treatment of existing buildings.
The rules applying to new build, existing buildings and refurbishment do not coincide, and that question runs through every field in this guide: fire, accessibility, energy, acoustics. The threshold changes the applicable regime at once.
It is the leading source of misjudgment, because it leads either to applying requirements that are not required, or to omitting them.
It is covered in the article on new, existing and refurbishment. The tipping thresholds are explained there.
The articles in this branch
The article on inspection bodies covers the difference between accreditation and approval, and how to verify a body. The scope of accreditation is set out there.
The article on certificates and their value covers what a document proves and its limits. The five items to look for are listed there.
The article on new, existing and refurbishment covers the boundaries between regimes. The definition of existing is discussed there.
The article on recent developments lists the points to recheck regularly. The direction of recent reforms is traced there.
This article reflects the position of the rules at the date of checking and serves professional orientation. It does not constitute legal advice and does not replace assessment of the individual case.