‘Orde van Architecten’ urgently wants new framework for professional competence

At the end of last year, the Flemish government in Belgium made it clear that it does not favour a reintroduction of the establishment law in the construction sector. Not a good idea, according to the ‘Orde van Architecten’ (Order of Architects). They continue to advocate for a new instrument that will better protect newcomers to the construction sector, the construction consumer and the architect.

Ronny Custermans, vice-chairman of the Order of Architects, explains why this is not a good idea. To clarify, he first outlines the historical context of the abolition of this establishment law: “In 2019, the Flemish Government abolished the establishment law in the construction sector in order to comply with the Services Directive. This establishment law obliged contractors to present a number of certificates to prove their competence.”

Reversing the negative trend

“What we are now noticing is that the number of bankruptcies in the construction sector continues to rise. In addition to a faltering economy and rising interest rates, the abolished Business Establishment Act also seems to be at the root of the growing number of bankruptcies. Embuild Vlaanderen compared Flanders and Wallonia, where the business establishment act was retained, and found that the number of bankruptcies is significantly lower in Belgium. This is strange, given the rapidly declining survival rate of companies in Flanders. This development cannot be attributed purely to economic factors.”

From the words of its vice-chairman, it is clear that the Order of Architects urgently wants to see a new policy framework implemented. This should oblige starters in the construction sector to acquire sufficient business and professional knowledge and encourage lifelong learning. These new rules must of course be in line with the European Services Directive. Only in this way can the current trend be reversed, enabling starting entrepreneurs to get off to a better start and existing entrepreneurs to evolve better in the rapidly changing construction sector.

An unequal battle

Ronny Custermans: “Both the consumer and the architect are more often than ever confronted with contractors who lack the necessary professional and administrative skills to bring a construction project to a successful conclusion. Builders are being misled and have to pay increasingly higher advances payment.”

“Everyone knows that the architect should supervise the contractor in the consumer's interest, but it is an unequal battle. The architect is liable for ten years and is compulsorily insured, while contractors can simply disappear into thin air. So we urgently need stricter rules to keep the cowboys out of the construction sector and to give the construction consumer better value for money.”

Source: Orde van Architecten – Vlaamse Raad (Flemish Council)