Breyne Law

The law of July 9, 1971 (update 21/09/2012), regulating the construction and sale of homes, better known as the "Breyne Law," offers extensive protection to anyone who:

• has a home built;
• buys a home to be built;
• buys a home under construction.

It protects the future owner against the risk of the company's insolvency. It guarantees complete and accurate information, without unlawful clauses in the contract. Most provisions of the law are mandatory (they cannot be waived).

It applies notably to:

• a construction contract for building works;
• a sale on plan;
• a "turnkey" contract, provided it concerns a finished and habitable house;
• homes intended primarily for residential use;
• homes for which advance payments are required in installments.

It may also apply to the sale of an existing home if the seller undertakes to enlarge or significantly renovate it. The total price of the works must then represent at least 80% of the sale price of the home and exceed €18,600.

For the law to apply:

• the building must be intended for residential or mixed (professional and residential) use;
• the future owner must make one or more payments before the works are fully completed, in accordance with the contract

The Breyne Law does not apply if:

• the future owner concludes separate contracts with different contractors (structural work, roofing, heating, etc.);
• the works are carried out in a home already owned;
• the contract is concluded with certain entities (e.g., a municipality);
• the future owner builds or has homes built for resale as a professional activity;
• the contract is a study agreement relating to a construction and certain conditions are met.

There are gray areas that allow sales without complying with the Breyne Law. At EXPERT4U, we always review your sales contract to ensure compliance with the law.

• The advance paid when signing the contract may not exceed 5% of the total amount;
• The balance must be paid in installments proportional to the value of the work performed;
• The total price is fixed in advance (with possible revision under certain conditions);
• Obligation to deliver in two phases: provisional acceptance and final acceptance (at least one year after provisional acceptance);
• Mandatory financial guarantee protecting the future owner in case of company default (e.g., bankruptcy), but only until funds are released. The guarantee may be 5% (builder) or 100% (developer);
• Clearly defined liabilities: the company (contractor or seller) is liable for ten years for any serious defect---visible or hidden---that affects the stability or solidity of the home.

Non-compliance with the Breyne Law may result in the nullity of the contract or the relevant clause. In practice, such cases are rare. EXPERT4U always strives to finalize acceptance in good agreement with sellers to avoid lengthy and uncertain procedures. Our assistance does not end with acceptance: we prepare, if necessary, to defend your rights at a higher level. Our team includes, in addition to our Experts, a judicial expert, a bailiff, a locksmith, and experienced lawyers.