VEFA (Sale in Future State of Completion) represents about 35% of new-build residential purchases in Wallonia according to 2025 statistics. It is the off-plan purchase: you sign a cheque for something that does not yet exist physically. The Breyne Law of 1971 frames the staggered payments and imposes guarantees — it is the most robust legal protection in Europe for construction. But across 612 provisional receptions supported in my practice, I have seen six out of ten developers interpret the text in their favour, sometimes in flagrant breach. Here are the 8 questions to ask before signing to avoid the most frequent traps.
The 8 questions to ask before signing
1. Completion guarantee: bank or mutual surety?
Is it a 100% bank guarantee or a completion guarantee from a mutual surety body (specialised organisation)? The bank guarantee is more protective; the mutual one depends on the organisation’s solvency. Systematically demand the original document, not just a contractual mention.
2. Schedule compliant with Article 7 of the Breyne Law?
The legal maximum for staggered payments:
- 5% at signature
- 15% at shell start
- 45% at closed shell
- 30% at finishing
- 5% at final reception (retention)
Any more aggressive schedule is illegal and null and void by operation of law.
3. Late penalties: amount, cap, trigger?
Daily amount (typically €25-50), cap (often 10% of the price), exact trigger (firm or indicative contract date?). A penalty without a precise trigger is unenforceable.
4. Completion date: firm, indicative, or to be confirmed?
A “firm” date is enforceable against the developer, with automatic indemnities beyond it. An “indicative” date is legally weak. A date “to be confirmed by rider” is a trap.
5. Surface tolerance: what margin?
How many m² of margin does the developer grant themselves? Belgian case law allows 5% maximum tolerance, beyond which the buyer can claim a price reduction. Check the clause.
6. Materials: brand/reference or functional equivalent?
References “or equivalent” are the highway for downward substitutions during the build. See the article comparing contract clauses for details.
7. Lifting of reservations: deadline and consequences?
Contractual deadline for lifting (ideally 30 days for minor, 90 days for heavy) and consequences if exceeded (penalty, extended retention).
8. Modifications: pre-priced or to be negotiated?
A pre-priced grid of rider prices in the contract secures budgets. Modifications “to be negotiated during the build” create a systematic commercial imbalance in the developer’s favour.
The annexes trap
The contract is 30 pages, the annexes 120. It is in the annexes that the real clauses sit: substitutable materials, tolerance ranges, warranty exclusions, detailed payment schedule, precise technical brief. Mandatory reading before signing, ideally with a construction lawyer or a third-party expert (€350-600 for the consultation, compared with the €250,000-450,000 committed on the average VEFA).
What the Breyne Law does not cover
Three grey zones where the Breyne Law provides no protection:
- Minor aesthetic defects (joint colour, paint finish)
- Delays under 90 days in some contractual interpretations
- Material changes deemed equivalent by the developer
It is in these grey zones that the majority of disputes play out. A third-party expertise at the moment of the preliminary contract defuses 80% of these risks before they materialise.
Pitfalls to avoid
- Don’t sign without reading in full including annexes
- Verify the completion guarantee via original document
- Beware of overly perfect 3D mock-ups (visual commitment without legal constraint)
- Demand the named list of subcontractors
- Have validated by a third-party expert before signing the preliminary contract
For the full text of the Breyne Law, see ejustice.just.fgov.be — Act of 9 July 1971.
What next?
If you are in the VEFA reservation phase, have the preliminary contract validated by a third-party expert before signing. My practice offers a Breyne Law advisory service covering a full VEFA preliminary contract audit and securing of critical clauses. For a one-off opinion, request a free quote.