Cluster info · Breyne Law
Down payments under the Breyne Law: rules, caps and schedule
Construction down payments are one of the main sources of dispute. The Breyne Law, supervised by FPS Justice, frames them strictly — but you must know them.
1. The statutory cap
At compromise signing: 5% maximum of the total price. Any excess is a direct violation of the law. Many developers attempt 10, 15 or 20% by exploiting ignorance. Refuse.
2. The progress principle
Each instalment cannot exceed the value of works executed. The contractor must produce a progress statement (costed report, photos, signed) justifying each fund call. Without this document, refuse.
See our detailed cluster Breyne Law payment instalments for threshold details.
3. What to do in case of abuse
- Disproportionate call: registered letter requiring contradictory progress statement.
- Contractor refusal: formal notice, then payment block.
- Persistence: progress expert appraisal and undue-payment recovery action if already paid.
Our Breyne Law advisory verifies every fund call and certifies progress — total security throughout the site.
Down payment questions
Can the developer require a 30% down payment at signing?
No. Maximum 5% at compromise. Beyond that, it is a direct violation of the Breyne Law and the contract can be voided.
What to do if the fund call exceeds actual progress?
Refuse the payment and demand a contradictory progress statement. See our cluster payment instalments.