Cluster info · Breyne Law
Turnkey contract and Breyne Law: what to check
The turnkey contract is the archetype of the contract subject to the Breyne Law of 9 July 1971 (Belgian Official Gazette). But its standard clauses often hide pitfalls — decoded.
1. When is the contract subject?
As soon as a contractor undertakes to build a complete home on your land, with a fixed price and a contractual deadline, you are under the Breyne Law. All protections apply: security deposit, completion guarantee, two-step reception.
2. Clauses to verify
Article 7 imposes 12 mandatory clauses. Specific to turnkey:
- Architectural plans signed and dated annexed.
- Detailed technical specifications (materials, brands, performance).
- Firm execution deadline with daily costed penalties.
- Payment terms by instalments according to progress (see down payments).
3. Classic trap clauses
- Abusive price revision (excessive indexation) → see price revision.
- Capped penalties (max 5% of the price) reducing the incentive to meet the deadline.
- Warranty exclusions for finishes, paint, sealing → void if abusive.
- Automatic provisional reception without contradictory observation → contrary to Article 9.
Compare with our cluster Breyne Law sale contract for the VEFA case.
Our Breyne Law advisory re-reads, negotiates and secures your contract before signing.
Turnkey questions
Difference turnkey vs VEFA?
Turnkey = construction by contractor on the buyer's land. VEFA = purchase from a developer of a property to be built (land + building). Both fall under the Breyne Law.
Can standard contract clauses be negotiated?
Yes. No clause is unalterable. Any negotiation to your advantage must be recorded by signed amendment.