Cluster info · Provisional reception

Surety and financial guarantee at reception: what you must check

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

1. Three protections, three risks

At provisional reception of a new home in Belgium, three financial mechanisms coexist and accumulate: (1) the Breyne Law security deposit of 5% (article 12) which secures the lifting of reservations during the warranty year; (2) the completion guarantee (same article) which covers the risk of contractor bankruptcy before delivery; (3) the contractual retention that you can apply to the balance to be paid.

Each covers a distinct risk — beware of developers who claim they duplicate each other.

2. Verify the certificate before the deed

The Breyne Law security deposit certificate must be provided before signing the authentic deed. Four essential elements: identified issuer, explicit calculation basis excl. VAT, validity dates, authorised signature.

Without a compliant certificate, the contract is null and void by operation of law (article 12). It is rare, but it happens — especially with small developers.

3. Form of surety: what to choose?

Three legal forms: joint bank surety (the most common), deposit at the Deposits and Consignments Office, blocking at the notary. The safest for the buyer is notarial blocking — no bank intermediary to convince in case of dispute.

This is negotiable in the contract, and it is precisely what we verify in our Breyne Law assistance before signing.

Questions on financial guarantees

Are surety and financial guarantee the same thing?

No. The security deposit (article 12 Breyne Law) covers the lifting of reservations post-reception. The completion guarantee (same article) covers bankruptcy before delivery. Distinct but both mandatory.

Which form of surety to prefer?

Notarial blocking is the safest for the buyer. Bank surety is more frequent but exposes you to a dispute with the bank in case of activation.