Cluster info · Breyne Law

Breyne Law exceptions: when it does not apply

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By Edouard Hennin, Provisional reception expert Published on 27 May 2026 Updated on 27 May 2026 6 min read

The Breyne Law does not cover everything. Knowing the exceptions means avoiding bad surprises.

1. Pure renovation

If you buy an existing property to renovate it (changing kitchen, insulation, painting), no contract is governed by the Breyne Law — it is classic contract law. See cluster Breyne Law renovation for nuances.

Exception: if the renovation is so heavy that it amounts to reconstruction (façades + structure + roof), it can be reclassified as new construction by courts.

2. Land alone

Purchase of building land without an associated construction contract: no Breyne Law. If you then sign a turnkey or VEFA contract, the law applies to that second phase.

3. Self-construction

If you are the client and engage each trade yourself (shell, second fix, finishes), no developer intervenes — no Breyne Law. By contrast, each individual contract falls under classic contract law with its own warranties (ten-year).

4. Purchase of a completed property

If the construction is fully completed and reception already pronounced, the purchase falls under classic sales law. The Breyne Law applies only as long as works remain to be executed by the contractor.

Exceptions questions

Is heavy renovation equated with new construction?

Sometimes yes, if it amounts to rebuilding (tax notion of new, Art. 64 VAT). But qualification is complex — see renovation.

Purchase of an already-completed new-build property: Breyne Law?

No if construction is fully completed and reception already pronounced. Yes if finishes or reservations remain to be lifted by the contractor.