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Breyne Law and renovation: cases where it applies

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By Edouard Hennin, Provisional reception expert Published on 27 May 2026 Updated on 27 May 2026 5 min read

Renovation and Breyne Law: the boundary is less clear than expected. Some heavy renovations can be requalified as new construction. Decoded.

1. The principle: renovation outside scope

The Breyne Law does not apply to pure renovation works: kitchen replacement, insulation, painting, sanitary. These contracts fall under common contract law with its own warranties (ten-year, two-year, perfect completion).

2. Possible requalification

When the renovation is so heavy it equates to reconstruction, courts can requalify the contract as new construction — Breyne Law application by extension.

Case-law criteria:

Replacement of over 50% of the value of the property.
Modification of the structure (load-bearing walls, framing, foundations).
Complete redesign of the envelope (façades + roof).
Near-total rebuild after partial demolition.

This qualification also follows the tax notion of “new” (VAT Art. 64).

3. Practical consequences

If the renovation is requalified:

5% security deposit mandatory.
Completion guarantee required.
Two-step reception imposed.
Article 7 clauses to respect.

Otherwise, common law applies with its own protections — see scope and exceptions.

Our defects expertise qualifies the works and orients the legal regime.

Renovation questions

When is renovation considered heavy?

When the project replaces more than 50% of the property's value, or modifies the structure (load-bearing walls, framing, foundations). Partly tax and case-law criterion.

What warranties if not covered by Breyne Law?

Common contract law: ten-year (10 years on shell), two-year (2 years equipment), perfect completion (1 year). But no mandatory security deposit.