Article 7 of the Breyne Law: mandatory contract clauses

Article 7 is the cornerstone of the Breyne Law of 9 July 1971 (official text published in the Belgian Official Gazette). It lists the clauses without which the contract is void. Knowing it means knowing how to detect flawed contracts.

1. The 12 mandatory clauses

• Complete identity of the parties.
• Precise address of the property and cadastral description.
• Total price excl. and incl. VAT, VAT breakdown.
• Attached signed plans and specifications.
• Start date and execution deadline.
• Payment terms and instalments (see down payments).
• Reference to Breyne Law warranties (security deposit Art. 12).
• Costed late penalties.
• Possible price revision method.
• Two-step reception clause (Article 9).
• Mention of the right of withdrawal.
• Signature and date.

2. The sanction: nullity

Omitting a single one of these clauses exposes the contract to absolute nullity, invocable only by the buyer, without time limit as long as final reception has not been pronounced.

Consequences: mutual restitution (deposits paid vs possible enjoyment), possible compensation.

3. How to verify in practice

At signing, make a checklist of the 12 points. If a clause is missing, refuse to sign and demand an amendment.

Our Breyne Law advisory verifies each clause and also flags trap clauses (excessive revision, capped penalties, etc.).