Payment and balance at provisional reception: mastering the 5% retention

1. The legal framework of payment

Article 7 of the Breyne Law caps down payments made during the works according to actual progress (foundations, weather-tight shell, water-tight shell, etc.). No call for funds may exceed the value of the work executed at the date considered.

The balance only becomes due after the provisional reception is pronounced — and not before.

2. The 5% retention

At reception, you may withhold 5% of the balance excl. VAT as a guarantee of proper execution. This retention is distinct from the Breyne Law security deposit (which is blocked at the notary since the deed).

This retention is released upon the effective lifting of reservations, on adversarial inspection or at final reception if all reservations have been lifted in the meantime.

3. Standard schedule

Classic turnkey schedule: 5% down payment on signature, 10% earthworks, 25% weather-tight shell, 25% roof/joinery, 20% finishings, 10% reception, 5% post-reception retention.

To verify Breyne Law compliance and negotiate the best retention conditions, our expert team audits your contract before signature and each call for funds during the works.