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Breyne Law and ten-year liability: how they articulate

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By Edouard Hennin, Provisional reception expert
Published on 27 May 2026 Updated on 27 May 2026 6 min read

The Breyne Law and ten-year liability cover different risks — but articulate tightly. Understanding both means securing your purchase over time.

1. The Breyne Law: protection at the time of purchase

The Breyne Law protects the buyer before and during the purchase: mandatory clauses, 5% security deposit, completion guarantee, two-step reception. See Breyne Law explanation.

It extinguishes at final reception (1 year after the provisional).

2. Ten-year liability: 10-year protection

The ten-year liability (Article 1792 of the Civil Code) covers the builder (contractor, architect, developer) for 10 years from provisional reception for:

  • Defects compromising the solidity of the building.
  • Defects rendering the property unfit for its purpose.

It is the major post-reception warranty. See ten-year liability for detail.

3. Practical articulation

PeriodActive warranty
Before signingBreyne Law (Art. 7)
During siteCompletion guarantee (Breyne Law)
Provisional → final receptionSecurity deposit (Breyne Law)
0 to 1 year post-receptionPerfect completion
0 to 2 yearsTwo-year (equipment)
0 to 10 yearsTen-year (shell)

4. Cumulation possible

You can cumulate: activate the security deposit for unlifted reservations AND pursue under ten-year liability for a serious defect discovered within 10 years. See hidden defects for the approach.

Our defects expertise qualifies each claim and orients you to the right warranty.

Breyne Law and ten-year liability questions

Is ten-year insurance needed on top of the security deposit?
The contractor's mandatory ten-year insurance complements the security deposit. These two mechanisms operate at different moments and on different risks.
Ten-year liability also active in VEFA?
Yes. Any new-build purchase benefits from the contractor's ten-year liability (Article 1792). See ten-year liability.

Ten-year claim after reception?

Immediate expertise to qualify the defect and activate liability.