Cluster info · Breyne Law

Breyne Law security deposit release: stages and deadlines

photo auteur

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

The security deposit is not released automatically. Here is the precise mechanism — and how to use it to your advantage.

1. First release: 50% at provisional reception

If the provisional reception is pronounced without reservation (or if all noted reservations were lifted on the spot), the notary releases the first 50% at the joint request of the two parties.

In practice, many notaries hold the entirety until final reception out of caution. This is contractually negotiable — demand explicit two-step release.

2. Second release: 50% at final reception

One year after the provisional (see Article 9), the final reception triggers release of the remaining 50%. The notary verifies:

Lifting of all recorded reservations.
Absence of ongoing claims.
Written agreement of both parties.

3. In case of blocking: assert your rights

If the contractor has not lifted reservations, object formally by registered mail to the notary or guarantor bank, with detailed list of shortcomings and photos.

Without agreement, it is for the judge (business court) to decide. Our defects expertise produces the report that supports your objection.

Release questions

Can the notary refuse release?

Yes, if one of the parties objects with grounds. No release without express agreement of both parties or judicial order.

What if the contractor demands release despite reservations?

Formal written objection to the notary or guarantor bank, with list of unlifted reservations. The contractor must petition the court to unblock.