The Breyne Law on the developer's side: obligations and sanctions

The developer is the key actor targeted by the Breyne Law. Their obligations are strict — and their breaches heavily sanctioned.

1. Main obligations

• Mandatory clauses (Article 7): 12 elements to integrate in the contract.
• 5% security deposit (Article 12): to provide before authentic deed.
• Completion guarantee: anti-bankruptcy protection to issue.
• Two-step reception (Article 9): no possible merger.
• Payment instalments correlated to actual progress.
• Firm contractual deadline with costed penalties.

2. Responsibilities

The developer is bound:

• Civilly: compliant works execution, contractual and legal warranties.
• Ten-year: 10 years on shell solidity (see ten-year liability).
• Criminally in serious cases: fraud, forgery on the security deposit certificate.

3. Sanctions

• Contract nullity invocable by the buyer without time limit.
• Compensation of suffered prejudice.
• Moratory damages for delay.
• Coercive fines on forced execution if refusal to cooperate.

See also Breyne Law sanctions and developer recourse.

Our Breyne Law advisory defends buyers against defaulting developers.