All questions about the Breyne Law in Belgium.

The Breyne Law applies to any sale or construction of a home by a contractor or developer acting for a private buyer, as soon as the overall price exceeds 25 000 €. It covers the single-family house, the new apartment, and even heavy renovation if it amounts to reconstruction (substantial change of structure or function).

Yes — its provisions are mandatory and no contract can derogate from them. A contrary clause is deemed unwritten. This is what distinguishes the Breyne Law from other supplementary laws in Belgian construction law.

Yes — the Breyne Law provides for resolution by operation of law if the permit is definitively refused. You recover all sums paid, without penalty, within 30 days from the notification of the refusal.

The contract can be declared null by operation of law (article 12). This nullity can be invoked by the buyer even years later, as long as the final reception has not taken place (case law Cass., Mons 22 March 2019).

Payments must be progressive, tied to the actual progress of the works. The legal ceiling is 5 % at signing, then according to technical milestones (closed structural work, waterproofing, finishes). No full payment is authorised before the provisional reception.

Yes, if the renovation substantially amounts to reconstruction (modification of the load-bearing structure, the volume, the function). For routine or decorative renovations, it does not apply — it is then the common law of contracts of enterprise that governs.

Before the authentic deed, the developer must hand over: the draft deed, the detailed specification book, the complete architectural plans, the building permit, the security deposit certificate (article 12), and the technical control insurance attestation (if applicable).

Yes — the authentic deed before a notary is mandatory for any purchase under the Breyne Law regime. The notary verifies the conformity of the documents and blocks the funds corresponding to the security deposit. The private agreement is not sufficient.

Yes — the criterion is the location of the property in Belgium, not the nationality of the buyer. Any private buyer (Belgian, foreign resident or not) benefits from the Breyne Law as soon as the purchased property is located in Belgium.

The Breyne Law (1971) governs the contractual relationship between buyer and contractor/developer during construction and until the final reception. The ten-year liability (article 1792 Civil Code) covers structural defects for 10 years after reception. Both protect the buyer but at different moments and on different aspects.

The nullity of a clause non-compliant with the Breyne Law can be invoked at any time as long as the final reception has not taken place. After the final, the general contractual limitation period applies (5 years in Belgian law).

No — the Breyne Law governs only relations with the builder/developer. Neighbour disturbances (vibrations, cracks due to a neighbour's works, view, sunlight) fall under general civil law and the responsibility of the neighbour (article 544 Civil Code and the theory of abnormal neighbour disturbances).