Claim against a property developer in Belgium
Claims against a property developer are more powerful than against a simple contractor thanks to the Breyne Law. Provided you know them.
1. The specific protections under the Breyne Law
If your contract is governed by the Breyne Law (off-plan purchase, turnkey):
- Article 7: mandatory provisions, otherwise nullity.
- Article 9: two-stage reception regime.
- Article 12: surety 5% and completion guarantee.
If one of these is missing, you can request the nullity of the contract — invokable even years later.
2. The completion guarantee
This is the main protection against bankruptcy. A bank or insurance company undertakes to finance the completion of the works if the developer defaults. The mechanism is triggered as soon as the bankruptcy is published in the Belgian Official Gazette.
Without this certificate before signing the authentic deed, refuse categorically — see our cluster Breyne Law surety.
3. The classic claims
In case of defects or delays:
- Formal notice by registered mail with acknowledgement of receipt.
- Mediation with technical report.
- Business court with judicial expertise.
Our Breyne Law assistance audits contract and certificates — often decisive before signing.