Breyne Law sanctions: what defaulting developers risk

The Breyne Law is not just a declaration of principles. Its sanctions are powerful — but must be activated correctly.

1. Contract nullity

This is the flagship sanction. It applies if:

• A clause of Article 7 is missing (12 mandatory).
• The security deposit certificate is not delivered before the authentic deed.
• The completion guarantee is not constituted.

Characteristics:

• Relative nullity: only the buyer can invoke it.
• Without time limit as long as final reception has not taken place (Cass. 2019).
• Retroactive: restitution of paid deposits.

2. Compensation

In addition to nullity, the developer may be ordered to compensate:

• Material prejudice (moving costs, lost rent, rehousing overcost).
• Moral prejudice in some cases (Liège 2020).
• Moratory interest on restituted deposits.

3. Criminal sanctions

Serious cases:

• Fraud (Article 496 Penal Code): false certificate, false identity.
• Forgery and use of forged documents on Breyne Law documents.
• Breach of trust on deposits.

Complaint to the Crown Prosecutor with complete file (contract, certificates, testimonies).

4. How to proceed

1. Technical observation by expertise.
2. Registered formal notice.
3. Summons before the business court.
4. Possibly criminal complaint if forgery or fraud.

See also developer recourse, case law and business court.

Our Breyne Law advisory pilots the procedure end-to-end.