Who are the DNR and AVOB intended for?

The DNR and AVOB were developed for construction consultants in the fields of design, advice and management. Think of architects and interior architects, structural engineers and engineers, building services consultants and building physicists, urban planners and landscape architects. But also project managers, building product developers and industrial designers.

Many construction consultants have worked with the DNR2011 (De Nieuwe Regeling) for years. After fourteen years, this scheme was renewed at the end of 2025 into the DNR2025. At the same time, an alternative was developed: the AVOB (General Terms and Conditions for Design Services in Construction). As a result, you as an entrepreneur need to make a conscious choice. That choice determines how you work together and how matters such as liability, deadlines, insurance, intellectual property and termination of the assignment are arranged.

But what exactly are the differences between these two sets, and which one should you use for your business? In this blog, I set that out for you.

What is new in the DNR2025?

The DNR2025 better matches current practice. Themes such as cybersecurity, AI and the Building Quality Assurance Act (Wkb) have been incorporated more explicitly. The text has also been made more accessible.

Important changes compared to the DNR2011 include:

Clearer identification of the contracting party

The DNR2025 makes clearer that, in principle, the legal entity that enters into the agreement is responsible and liable, and not automatically the individual consultant.

Differently worded duty to warn

The consultant must not only warn of obvious errors, but also of errors that they have noticed or should reasonably have noticed.

New rules on structural safety and quality assurance

Separate provisions have been included on monitoring and coordinating structural safety and on the role and responsibility of the quality assurer.

Liability described differently

The explicit limitation to “direct damage” has been dropped. The consultant is now liable for damage that, given the nature of the shortcoming and the circumstances, can reasonably be attributed to them. In addition, the list of excluded types of damage has been expanded, including delay damage.

Exoneration remains unchanged

The maximum limitation of liability has not substantively changed compared to the DNR2011.

One uniform limitation period

The various limitation periods from the DNR2011 have been replaced with a single period: a legal claim by a professional client lapses five years after completion or termination of the assignment.

What is the AVOB?

The AVOB was developed as an alternative to the DNR. The AVOB is explicitly written for situations where professional clients are your counterparties. The terms and conditions better match tendering and quotation procedures, place more emphasis on planning, budget, insurance and protection against third-party claims, and offer room to tailor liability per assignment to the risk profile. In addition, the arrangement for interim termination has been simplified, the client’s usage rights to the advice have been broadened, phased commissioning has not been included, and provisions on secondment have been dropped.

What are the main differences?

For entrepreneurs, these are the key points:

1. Liability under the AVOB potentially heavier

The DNR limits liability to damage that can reasonably be attributed to the consultant. The AVOB refers to damage that directly results from the consultant’s shortcoming. That may seem like a nuance, but in practice, under the AVOB, disputes can more easily arise about which damage falls to the consultant.

2. Level of the liability limitation (exoneration)

Under the DNR there is room for a more limited exoneration. The AVOB only opts for the heavier variant: liability up to three times the advisory fee, with a maximum of €2.5 million. As a result, liability under the AVOB can turn out to be financially heavier.

3. Longer limitation period under the AVOB

Where shorter limitation periods applied under the DNR, the AVOB applies a uniform period of five years. The liability risk therefore remains open for longer.

4. Stricter obligations for the consultant

The AVOB is stricter in substance on certain points. For example, deadlines under the DNR are in principle not fatal, whereas under the AVOB they are indeed fatal. As a result, exceeding a deadline more quickly leads to a shortcoming or default.

5. Insurance obligation differs in scope

The DNR links professional indemnity insurance to a published master policy. The AVOB refers to appropriate and customary insurance and can also affect other types of insurance, such as general business liability and damage to business inventory. Anyone working with the AVOB must therefore carefully check whether their insurance package properly matches this!

6. Use of IP rights and termination

The AVOB leaves the intellectual property rights with the consultant, but gives the client a broader right of use. In the event of interim termination, the client can, under certain conditions, continue to use the advice, provided the payment obligations have been met.

Which terms and conditions are best for you?

That depends on your practice, your business and your clients.

The DNR2025 is more obvious if you:

• work in regular construction consultancy practice;
• want to use a widely accepted market standard;
• also work with private clients;
• have an interest in a more clearly defined and insurable liability regime;
• do not want to accept unnecessarily heavier obligations.

The AVOB is more suitable if you:

• mainly work for professional clients;
• regularly contract through tenders or formal procurement processes;
• deal with clients who demand more certainty and control;
• are willing to negotiate more sharply per assignment on liability, deadlines and insurance.

The right choice requires a tailored approach

There is no single set of general terms and conditions that is the best choice for every entrepreneur. Which terms are appropriate depends on your business, your client, your risk profile and your insurance position. Pay particular attention to an appropriate liability arrangement, the insurability of risks, the client’s position, and the usage rights and termination provisions that fit the assignment. Also seek advice on this from a specialised lawyer.

If you deviate from the DNR2025 or AVOB, those deviations must be clearly and carefully recorded in the agreement, so that it is clear in advance where the parties stand and disputes during performance are avoided as much as possible.

Make sure not only that you use the right terms and conditions in new contracts, but also check whether existing contracts need their general terms and conditions updated. Always communicate such changes to your clients in good time!

Do you need help choosing or drafting the right general terms and conditions? The corporate lawyers of The Legal Company are happy to think along with you about the legal options and risks. Please feel free to contact us via info@thelegalcompany.nl or call 020-3450152.