The Breyne act

The Breyne Act, or how you are protected as an acquirer of a new building intended for housing.

The 1971 Act also known as Breyne Act protects the consumer and regulates the construction and sale of new buildings. Whether you buy turnkey, or you build, this law applies to your situation.

The Breyne Act

The Breyne Act, or how you are protected as an acquirer of a new building intended for housing.

The 1971 Act also known as Breyne Act protects the consumer and regulates the construction and sale of new buildings. Whether you buy turnkey, or you build, this law applies to your situation.

As a future owner, this law, by its binding force, requires that some pieces of information are communicated to you and that the following conditions must be respected:

  • Deposit of a maximum of 5% of the value of the building at the conclusion of the agreement
  • Payment by installments depending on the work progress
  • Setting the total amount in advance
  • Transfer of ownership and risk
  • Delivery of the building in two phases; provisional acceptance and final acceptance (at least one year later)
  • The financial guarantee protecting the purchaser in case of default by the developer / seller / builder
  • The ten-year guarantee, and the precise definitions of the parties' responsibilities (hidden defects, etc.)
  • The precise description of the common and private parts that are the subject of the sale
  • The start date of the work and the deadlines.

 

Any clause contrary to the law is deemed null and void. Therefore, we advise you to choose your real estate partner carefully.

In which cases will the Breyne law not apply?

  • Sale of a completed property
  • The sale of an unfinished house, without the seller’s engagement to finish the work
  • The construction of a property by separate trades.