Aesthetic defects in construction: there’s no accounting for taste!

A construction project may be technically sound yet still lead to dissatisfaction: crooked lines, colour variations in the brickwork, uneven plasterwork, or sealant joints that aren’t quite straight. It doesn’t look good, but when does such an aesthetic issue become a legal defect?

Practice shows that – in addition to contractual agreements – reasonableness and fairness also play an important role in the final decision of a judge or arbitrator.

What is an aesthetic defect and when does ‘not looking good’ also constitute a legal defect?

An aesthetic defect is a shortcoming that primarily concerns the appearance or finish: the work functions, but does not look (as) expected. Can you say that the standard of good and sound workmanship has not been met?

The key question is what the parties agreed and what they were entitled to expect from one another. In particular, agreements, expectations raised, and the purpose and use play an important role here:

1. Contract documents: quotation, building contract, specifications, drawings, (colour) schedules, technical descriptions, show models, impressions and any quality or visual plans.

2. Expectations raised: what was said, promised or shown during the preliminary phase? Commitments regarding quality, such as ‘paint-ready plasterwork’, show models or brochures, often play a decisive role in determining what the parties could reasonably expect from one another regarding the work.

3. Purpose and use: is it a house, a workshop or an office with a high standard of finish? The bar is set at a different height in each case.

A defect exists if the result deviates from the agreements or from what the client could reasonably expect from a competent contractor in these circumstances.

What must the contractor do in the event of an aesthetic defect?

If there is an aesthetic defect, the consequences can vary widely. Under Article 7:759(2) of the Civil Code, the contractor is obliged to remedy the defects within a reasonable period, unless the costs of repair are disproportionate to the client’s interest in repair rather than compensation.

In practice, in the case of cosmetic defects – if the defect is actually established by the court – a balancing of interests is regularly carried out between the costs of repair and the client’s interest. However, what constitutes ‘beauty’ is a matter of debate. Judges also frequently issue rulings in which the defect is not established. Below are two examples of how a judge deals with an aesthetic defect and the usually high repair costs associated with it.

How did the judge rule in a case involving an aesthetic defect with high repair costs?

In this 2025 ruling by the District Court of Overijssel (ECLI:NL:RBOVE:2025:1230), the parties disputed, among other things, a permanent damp patch in the brickwork and pointing of a bay window, caused by water ingress. This resulted in a permanent colour difference in the brickwork.

The court classified this as a defect for which the contractor is liable. Repairing the pointing to remedy the defect would cost EUR 19,057.50. The judge considered this disproportionate and therefore estimated the damage at the (presumed) reduction in the value of the property at EUR 1,000.

Is every deviation a defect?

The fact that not every deviation constitutes a defect is reflected in a ruling by the District Court of North Holland from 2025 (ECLI:NL:RBNHO:2025:9778), in which, among other things, a brick wall is the subject of the dispute. Ultimately, an expert is appointed. The expert concluded that the protruding bricks and irregularities in the brickwork should not be regarded as a defect. Among other things, it is important to note that this is partly due to the nature of the material. Conclusion: not attractive, but not a defect.

Is there a clear-cut answer?

The assessment of aesthetic defects is rarely black and white. It revolves around a combination of agreements, reasonable expectations and the question of whether the contractor has worked to the standard of good and sound workmanship. Anyone who documents this properly from the outset and checks it thoroughly upon completion will avoid a great deal of discussion.

Advice

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