De Nieuwe Regeling 2025 (DNR 2025) – Legal Framework for Architects and Engineers
De Nieuwe Regeling 2025, commonly abbreviated as DNR 2025, is the official standard for the legal relationship between clients and advisors, specifically architects and engineers. Published jointly by the Koninklijke Bond van Nederlandse Architectenbureaus (BNA) and Koninklijke NLingenieurs, this 2025 edition serves as a comprehensive set of general terms and conditions. It functions as a regulatory supplement to the statutory provisions of Titel 7 van Boek 7 BW of the Dutch Civil Code, governing the contract of mandate.
The document's scope covers the entire project lifecycle, from initial advice to the final realization of the Object. It establishes rigorous protocols for 22 distinct domains, including Begripsbepalingen (definitions), Aansprakelijkheid (liability), and Intellectuele eigendomsrechten (intellectual property). Specific regulatory areas addressed include Constructieve veiligheid (structural safety), Kwaliteitsborging (quality assurance) under the Wet kwaliteitsborging voor het bouwen (Wkb), and the integration of modern tools such as AI-hulpmiddelen.
This regulatory framework defines the rights and obligations of both the Adviseur and the Opdrachtgever, providing structured mechanisms for fee indexation, data protection according to AVG (GDPR) standards, and dispute resolution via the Raad van Arbitrage in bouwgeschillen.
General Obligations and Phased Execution
The DNR 2025 mandates that the advisor performs the assignment carefully, independently, and to the best of their knowledge, adhering to all applicable laws and regulations. A critical procedural requirement is the phased execution of the assignment.
- Article 3.2: Assignments must follow an agreed-upon timeline; deadlines are only fatal if explicitly stated in writing.
- Article 3.3: The advisor may only commence a subsequent Fase after receiving written permission from the client.
- Article 3.5: The advisor maintains a written warning duty for inaccuracies or omissions in data provided by the client.
- Article 4.1: The client is obligated to behave as a 'good client' and provide necessary cooperation for the proper execution of the assignment.
Structural Safety and Quality Assurance (Wkb)
Specific provisions govern the allocation of responsibilities regarding the safety and technical compliance of the building project.
- Article 10.1: The client is responsible for appointing a person with final responsibility for the integral cohesion of the structural design.
- Article 10.6: If structural safety risks occur during execution, the advisor must immediately inform the client and record findings for future improvement.
- Article 11.1: When acting as a Kwaliteitsborger (quality assurance officer) under the Wet kwaliteitsborging voor het bouwen (Wkb), the advisor must remain organizationally and financially independent from the project.
- Article 11.2: The advisor is not liable for the content or quality of designs produced by third parties while acting as a quality assurance officer.
Liability and Indemnification
Liability is restricted to cases of Toerekenbare tekortkoming (attributable shortcoming). The document establishes clear financial limits and categories of excluded damages.
- Article 14.7: Excluded damages include business interruption, loss of production, loss of profit, and damage resulting from a Cyberincident if reasonable preventative measures were taken.
- Article 14.9: Liability per assignment is capped at the amount of the fee excluding VAT, with a maximum of €1,000,000. If higher liability is agreed in writing, it is capped at three times the fee with a maximum of €2,500,000.
- Article 14.10: For consumer clients, the minimum liability limit is set at €75,000.
- Article 14.11: Legal claims expire five years after the termination or completion of the assignment, except for consumers.
Innovation and AI Usage
The DNR 2025 formally addresses the use of modern technology in the architectural and engineering workflow.
- Article 15.2: Advisors are permitted to use AI-hulpmiddelen (AI tools) in the execution of their tasks, provided they comply with legal and professional standards.
- Responsibility: AI-generated outcomes must be evaluated by the advisor, and the use of such tools does not diminish the advisor's professional responsibility or duty of care.
Frequently Asked Questions
What is the maximum liability for an architect under DNR 2025?
Under Article 14.9, liability is generally limited to the fee amount with a €1,000,000 maximum, or three times the fee with a €2,500,000 maximum if specifically agreed in writing.
How long is the liability period for professionals under these terms?
According to Article 14.11, legal claims expire five years after the completion or termination of the assignment, unless the client is a consumer.
Are architects allowed to use AI tools in their designs?
Yes, Article 15.2 explicitly allows the use of AI tools, provided the advisor evaluates the outcomes and maintains their professional duty of care.
What is the standard payment term for advisory fees?
Article 13.4 specifies that invoices must be paid within thirty (30) calendar days after the invoice date.
Who owns the intellectual property rights to the design?
Article 9.1 states that all intellectual property rights to the results of the assignment belong exclusively to the advisor.
How are fees adjusted for inflation?
Article 12.2 stipulates that fees are indexed annually on January 1st based on the CBS cao-wage index for architects and engineering firms (CBS-branche 711).
Can a client terminate the contract without a specific reason?
Yes, Article 18.1 allows parties to terminate the assignment at any time, with or without grounds, subject to a minimum notice period of two weeks under Article 18.6.
