Cluster info · Provisional reception

Breyne Law and provisional reception: requirements of the 9 July 1971 statute

photo auteur

By Edouard Hennin, Provisional reception expert Published on 27 May 2026 Updated on 27 May 2026 8 min read

1. Scope of application

The Breyne Law (statute of 9 July 1971) applies to any construction or sale contract for new housing in Belgium concluded with a developer or contractor. Concerned are: (1) off-plan sale (Belgian VEFA), (2) turnkey construction, (3) sale of a building whose works are not yet completed.

It is of public order: any clause contrary to the buyer’s interest is null.

2. Key reception obligations

Article 9 organises the double reception (provisional then final, at least one year apart). This binary structure is mandatory — no contract may provide for a single reception.

Article 12 imposes two financial protections: the completion guarantee (covering the contractor’s bankruptcy during the works) and the 5% security deposit (securing the lifting of reservations between provisional and final reception). The security deposit certificate must be delivered before signature of the notarial deed.

3. Sanctions and remedies

Non-compliance with articles 9 and 12 leads to the nullity of the contract, invocable by the buyer, even belatedly (Cass. 2019). In case of dispute, the commercial court has jurisdiction; the buyer may also seek the conciliation magistrate for an amicable resolution.

To verify the conformity of your contract with the Breyne Law requirements, get expert support before signature.

Questions about the Breyne Law

Is every construction subject to the Breyne Law?

No. It targets new housing sold off-plan or turnkey. Pure renovation contracts or public procurement fall under other regimes.

Can one waive the protections of the Breyne Law?

No. Its provisions are of public order. Any clause derogating from them to the detriment of the buyer is deemed unwritten.