Cluster info · Provisional reception

Down payment at provisional reception: the 5% retention required by the Breyne Law

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

1. Why a retention at provisional reception?

Provisional reception is when you take physical possession of the home, but reservations may still be noted in the minutes. To guarantee that the contractor lifts these reservations within the year, the law allows you to block part of the balance at the time of reception.

This is what is commonly called the “5% retention” — distinct from the Breyne Law security deposit, which is a mandatory notarial deposit for any new home.

2. How much and how to formalise the retention?

The consistent practice of Belgian courts accepts a retention of up to 5% of the balance excl. VAT. Above that, the amount must be justified by a costed quote for lifting the reservations.

The retention must be recorded in the minutes signed by both parties. Without a written entry, the contractor can demand full payment and you will be reduced to legal action.

3. When to release the balance?

The balance is released upon effective lifting of the reservations, with adversarial verification. At the latest at final reception (one year later), if no reservation has been lifted judicially, the balance must be released except in case of dispute.

In case of doubt about the calculation or the wording in the minutes, get assistance from a reception expert before signing.

Common questions on the reception down payment

Can I withhold more than 5% if the reservations are significant?

Above 5%, you must justify it with a quote. The retention must remain proportionate to the estimated cost of lifting the reservations.

Can the contractor refuse the retention?

Not if it is formalised in the minutes and compliant with 5% excl. VAT. Above that threshold, the contractor may contest before the business court.