Breyne Law scope: who and what is concerned

The scope of the Breyne Law is wider than commonly believed. Here is precisely who and what is covered — and what is not.

1. Covered contracts

In accordance with Article 1 of the Act of 9 July 1971 (consolidated text Belgian Official Gazette), the Breyne Law applies to any contract aimed at transferring ownership or enjoyment of a home to be built or under construction. In practice:

• Turnkey contracts with a contractor.
• VEFA purchase (Off-Plan Sale) from a developer — see Breyne Law VEFA.
• Off-plan sale of a new apartment or house.
• Purchase with staggered payments correlated to progress.

2. Concerned actors

• Professional property developers (Limited companies).
• Contractors building turnkey.
• Occasional sellers of a property whose works are not completed.

The protected buyer is in principle the private individual — but the investor (rental purchase) also benefits from the protections.

3. Exclusions

The law does not apply if:

• Purchase of a completed property without reservation or progress clause.
• Land alone without associated construction contract.
• Pure renovation of an existing property — see Breyne Law renovation.
• Self-promotion construction (you are the direct client).

See also our cluster Breyne Law exceptions for borderline cases.

Our Breyne Law advisory qualifies your situation and identifies applicable warranties.