Cluster info · Breyne Law
Breyne Law summary: all to know in 2 minutes flat
For those who do not have 30 minutes — the Breyne Law summary in 4 paragraphs.
1. What it is for
Protect the buyer of a new home to be built or under construction in Belgium. Adopted on 9 July 1971 after the scandals of bankrupt developers. Of public order: no clause can derogate from it.
2. The 3 key protections
- 5% security deposit (detailed cluster) — blocked at the notary to lift post-reception reservations.
- Completion guarantee (Article 12) — bank or insurer finishes the site in case of bankruptcy.
- Two-step reception (Article 9) — provisional then final one year later.
3. Developer obligations
- Mandatory clauses (Article 7).
- Down payments limited to progress.
- Costed deadlines and penalties.
- Annexed plans and specifications.
4. The sanction
Omission of a mandatory clause or certificate = contract nullity, invocable by the buyer without time limit. See sanctions and case law.
Our Breyne Law advisory covers the whole chain — from compromise to final reception.
Essentials in questions
What documents to demand before signing?
Security deposit certificate, completion guarantee, signed plans and specifications, contract with the 12 Article 7 clauses.
How long to invoke nullity?
Without time limit as long as final reception is not pronounced (Cass. 22 March 2019).