HEXA Experts · Legislation

Breyne Act

The Breyne Act protects buyers under certain agreements for homes or apartments that still need to be built or completed. Its precise application depends on the contract and the circumstances of the project.

The Breyne Act is the common name for the Act of 9 July 1971 governing residential construction and the sale of homes to be built or under construction. It protects buyers under certain agreements with a developer or contractor. It does not automatically apply to every construction or renovation project; the contract and circumstances determine whether it applies.

1. Scope of application

The Act may apply to the purchase of a home or apartment yet to be built, certain turnkey projects and certain work agreements where the price and design are agreed in advance. Its applicability should be assessed for each contract.

2. Information in the agreement

The agreement must contain the information required by law, including a clear description of the building and works, the price, completion period, payment schedule and relevant guarantees. Compare these details with the plans and technical specification.

3. Payment schedule and guarantee

The Act sets rules for deposits, instalment payments and guarantees. Exact obligations vary depending on the project stage and contractual situation. Check the current legislation and ask your notary or legal adviser about amounts and when they become due.

4. Two-stage handover

Findings are recorded at provisional handover. Depending on the applicable rules and agreement, a period follows during which agreed repairs can be monitored. In this context, final handover takes place no earlier than one year after provisional handover.

A thorough inspection at provisional handover is important. Clearly record visible defects in the report and check at final handover that they have been repaired. Also read Provisional handover and Final handover.

5. What does the Act mean for the buyer?

The Breyne Act protects buyers by setting rules for contract contents, payments and handover. Exact rights and obligations depend on whether the Act applies and on the contract documents. Keep all documents and seek advice promptly if any terms are unclear.

Guarantees and serious defects

The Breyne Act provides protections and guarantees for buyers. Liability rules also apply to serious defects. The relevant guarantee, insurance or liability regime depends on the contract, type of defect and applicable law. Check the contractual documents and seek advice if anything is unclear.

Financial protection

The payment schedule is linked to work progress and legal conditions. This helps prevent payments from becoming disconnected from the work completed. Check each payment request against the contract and progress on site.

In summary

• The agreement must include the information required by law.
• Payments and deposits must comply with the applicable rules.
• Handover stages and recorded findings are important for subsequent follow-up.
• The specific protection depends on whether the Act applies and on the details of your case.

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