Expertise bij bouwfouten – ontegensprekelijk technisch en juridisch bewijs voor bouwheren

Too often there is a demand to pay the final invoice in full before the provisional delivery...while all agreed works have not even been fully completed...

The law of July 9, 1971 is clear...and BW. Art.14 Anyone who directly or indirectly violates the provisions of Article 10 by demanding or accepting payments shall be punished with imprisonment from eight days to one month and a fine.
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At our insistence...now all construction promoters and construction companies of which we follow completions have done and those who did not comply with this...this provision of the Law Breyne Art.10 and
BW.art.14...(payments), except for 1 construction company that stubbornly persists with this offence. We will therefore continue to persevere and act stubbornly...that these legal rules
should follow.

 

In practice, it often happens that a particular contractor or subcontractor is temporarily unable to carry out his work due to weather conditions (e.g. roofing, masonry or exterior plastering).

But in the meantime , other contractors are working on the site : an electrician, painter or HVAC installer.

However, some main contractors or promoters still charge the entire day as weather-related loss , because "the site was at a standstill".

⚠️ That is not legally correct, and as a building owner you do not have to simply accept it.

⚖️ What does the law say?

According to Article 5.226 of the Dutch Civil Code, force majeure only exists if the performance of the entire contract is impossible, not just part of it.

Partial hindrance (e.g. only the facade worker cannot work due to rain) is not a valid reason to consider a full working day as unworkable.

In addition, article 5.75 BW obliges the contractor to cooperate and communicate well. He must:

• indicate per day which activities could not take place,

• why other works could not be postponed or rescheduled,

• and provide written reasons why he does not charge for a full working day.

Do not forget to send a registered letter before the expiry of this agreed term according to the sales agreement.

Send this at least a few days before...You don't have to take into account weather lost days etc...it's up to them to present this proof that they also make use of weather lost days and add this._d04a07d8-9cd1-3239 -9149-20813d6c673b_

If you do this after the agreed delivery date, it will count from the date of your notice of default.
 

Since that actually the transfer of a property has already happened during the provisional delivery by signing PV...you only get the keys immediately after all payments have been made, except for the deferred payments of deferred works. ..you only pay it when it is delivered andexecuted zijn...and after your assessment whether this has been done according to the rules of the art.
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I therefore advise you to make good arrangements in advance with the bank that it is still possibleowed amount is ready so that you can deposit immediately after delivery via mobile phone or laptop that youpossibly takes.
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If you're pressed for time and want to jump right in...
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First do the rounds quickly to see if everything is there and whether or not there is any talk of deferred work here...then you pay what you still have to pay and only then do your full round of inspection.
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Finally, some good advice!
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Never let yourself be put under pressure if they indicate that they have not provided too much time for it... there is no law that says how long a delivery can take... you get all the time it takes to do a thorough inspection. ..they are obliged to do so...and proper deliverytakes minimum 3 hours and more!
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Threats such as (I've already had it several times) with the announcement that they will then delivernot wanting to continue due to lack of time is not allowed! 
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The moment a delivery is requested by them anddate is fixed by both parties...both parties can no longer refuse if entry is possibleadmittedly (Habitable and able to use all facilities).
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In exceptional cases, a delivery can be refused if there are importantconstructive works in the absence of this still have to be executed or redone.
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When are you, as a buyer, the developer?

In turnkey projects under the Breyne Act, your position as a buyer changes as soon as you make payments in installments and/or request additional work (such as a larger kitchen or more luxurious floor). From that moment on, you are considered the client and (co-)owner of the project in progress.

What does that mean in concrete terms?

Once you:

• makes payments in installments according to the progress of the works, and/or

• makes own choices in the implementation (such as more expensive materials, additional work, or layout changes),

...then you will have an active role as a building owner. This entails more responsibility, but also extra rights :

✅ You may request multiple site visits during the works
✅ You have the right to have a say in technical choices and implementation
✅ You may make comments on interim measurements or partial deliveries
✅ You may monitor the planning and additional work

Why is this important?

Many buyers think that they are only the owner after the notarial deed , but within the context of the Breyne Act, that is not entirely correct in law . As soon as you actively intervene in the execution or make payments, you are already considered the developer. And that means that you:

• you have the right to transparency during construction

• have the right to control and guidance

• also bears responsibility for choices and approvals

Know your role — and use your rights.

As a building owner, you have more influence than you think. We help you to record and monitor your rights in the right way during the entire construction process.

📞 Contact us for clear guidance from the first stone to delivery.
 

🏡 Buying a home through a notary: your rights and pitfalls

Buying a home is an exciting and legal matter. Many buyers think that they have little say in drawing up the sales agreement or notarial deed, but nothing could be further from the truth.

📜 The notarial deed: more than a formality

Although the preliminary sales agreement (the compromise) is the starting point, it is the notarial deed that legally confirms and protects your purchase. Only when you sign this deed are you officially the owner and are you protected against claims from third parties.

🖊️ Can you make changes to the deed yourself?

Yes! You have the right to request changes or additions in both the compromise and the notarial deed. Even if a notary or seller hesitates, you may have your proposals included.

💡 Get legal advice beforehand. This way you know exactly what to look out for and you will be stronger during negotiations.

✍️ Practical example: how a customer strengthened its position

By having some adjustments recorded in advance, a client of ours was able to react much more strongly in discussions with the seller. Some specific adjustments in the deed:

🔹 Payment of final invoice:


“Within three days after mutual approval of the provisional delivery and the handover of the keys, the remaining amount of 5% is paid. Another 2.5% is added for the storage.”

🔹 Purchase price:


“The agreed price is fixed and cannot be revised, except for additional or reduced work agreed in advance.”

🔹 Surface:


“The measured surface area may deviate a maximum of 1/20th from the specified number of m². The actual measurement will follow.”

This means that the actual (measured) surface area of a space or property may deviate by a maximum of 5% from the previously stated or advertised surface area. In other words:

• For example, for a specified area of 100 m², the effective measured area may not be less than 95 m² and not greater than 105 m².

🔹 Urban planning:


“The seller guarantees that all works carried out comply with urban planning regulations.”

🔹 Execution period:


“ In the event of late delivery by the seller, compensation equal to the monthly rental value will apply, from a valid notice of default.”

⚖️ Your right, your protection

Don't be fooled: you have the right to change, reject or add clauses. This applies to sales via a private individual, as well as via a contractor, property developer or project developer.

👉 Have your comments included in the deed. The notary must do this.

📌 Conclusion

✅ Always read the fine print
✅ Hire a lawyer before you sign
✅ Negotiate the content of the deed
✅ Be prepared, and protect yourself legally

🔗 Want to know more?

Also read our guide: Signing the notarial deed – what do you need to know?

Transfer of the property and payment at the notary

The payment for the house is made at the notary, at the moment the deed is signed by all parties involved. Only after this signing you will receive the keys to the house or apartment.

Please note: when a provisional acceptance takes place before the official deed and the report of provisional acceptance (PV) has been signed by both parties, this is considered the actual transfer. From that moment on, the contractor is no longer responsible for the house or apartment. You are then legally considered the owner, even though the official payment only takes place upon signing the deed.

Deferred work and blocking of part of the sum

If certain works have not yet been carried out (deferred works), you have the right to have part of the purchase price blocked by the notary. In most cases, 10% of the total amount is placed in a blocked account for this purpose. This sum will only be released once both parties agree that the deferred works have been carried out correctly and completely, and this has been approved by the owner in accordance with the rules of the art.

Important: when a portion of the amount is correctly retained by the notary, this does not form an obstacle to the signing of the deed or the transfer of the keys. In that case, the sellers are obliged to have the deed signed and to hand over the keys.

Always ensure that you provide the notary with a clear and detailed list of the postponed works, including the estimated cost per component (both purchase and installation).

⏱️ Late fees

Timing is everything in a real estate transaction. Whether it is a new construction project or the purchase of an existing home, delays can have financial consequences for all parties involved.

🏗️ New construction: fine for late delivery

If you purchase a house or apartment off-plan (for example turnkey or shell), the contractor or developer usually commits to a clear delivery date.

✅ What if the contractor is late?

If the agreed term is exceeded without a valid reason (such as force majeure), the contractor may be obliged to pay a late payment penalty per calendar day.

💡 This penalty is intended as compensation for additional rental costs, moving delays or other financial consequences for the buyer. It is set out in advance in the contract.

🏠 Existing home: fine for late deed or key transfer

When selling an existing home, the notarial deed is usually signed within 4 months after the compromise. Any delay due to the actions of one of the parties can lead to a fine.

👤 Buyer too late?

If the buyer does not arrange everything in time (such as financing or being present at the notary), he may owe a penalty per day of delay to the seller. This amount is usually fixed in the sales agreement.

🏡 Seller late?

The seller may also be liable for a fine if he fails to have the deed drawn up or refuses to hand over the keys at the agreed time.

⚠️Important Tips

• 📄 Read your agreement carefully. Penalties and conditions are usually stated in the compromise or construction contract.

• 🧑‍⚖️ Get assistance from a notary or lawyer to avoid unpleasant surprises.

• 🤝 In case of dispute, mediation or settlement agreement can help to find an amicable solution.

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💬 Questions or need help?

We are here to guide you through every step of your purchase or sale.

📩 Contact us without obligation for legal advice or guidance with your file.

In new-build homes
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Ask to be allowed to make regular site visits...you are certainly entitled to that...with larger projects it is more difficult to do this during the structural work...and this for safety reasons when entering the construction site.
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Sometimes they allow this during the construction work.
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Let yourself be assisted by a construction expert who will guide you through this check ... he will see many more things that may have been done incorrectly ... and can then make adjustments before it is too late.
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It will then list alle comments that are subject to change...and can be supplemented after further thorough checks at other checks on other days.
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At apartments
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For apartments the same as above except that they will never allow this during the structural work! (the erection of the building itself shell...ie excluding finishes)
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According to the Breyne Act, which protects the rights of private builders in Belgium when purchasing or building a house or apartment, it is mandatory that the contract provides for compensation for late delivery. This compensation must at least correspond to the normal rental value of the finished property.

What does this mean in concrete terms?

• Minimum amount: The compensation for delay must be at least equal to what the house or apartment would normally yield if rented. For example, if the estimated rent is €1,000 per month, this amounts to approximately €33 per calendar day. Time

• Per calendar day: The compensation is calculated per calendar day, not per working day. This prevents discussions about working days or force majeure such as weather conditions. Livios

• Mandatory law: The provisions of the Breyne Act are mandatory law. This means that deviations that reduce the protection of the buyer, such as lower compensation for delay, are considered unwritten and therefore null and void.  

What if the contract states a lower amount?

If the contract states a fixed penalty of, for example, €20 or €30 per day, while this amount does not correspond to the rental value of the property, this is contrary to the Breyne Act. Such clauses are considered unwritten and are therefore not enforceable.

What can you do in case of delay?

1. Notice of Default: Formally notify the contractor or seller of default by registered letter once the contractually agreed delivery date has passed.

2. Claim correct compensation: State in your letter that you are claiming compensation that is at least equal to the rental value of the property per calendar day of delay.

3. Proof of rental value: Support your claim with evidence of the market-rate rental price, for example by collecting comparable rental advertisements in your area.

4. Legal Advice: Consider obtaining legal advice to protect your rights and to determine whether further steps, such as hiring an attorney, are necessary.

It is important to act proactively and protect your rights as a buyer when the delivery of your house or apartment is delayed.

When do you pay your final invoice and additional work?

💰 Final invoice: only upon (or after) provisional delivery

The final invoice includes the remaining amount of the construction contract. According to the Breyne Act, this may only be requested or paid upon provisional delivery — not before.


❗ Please note: You should not be put under any pressure to pay the full final invoice before delivery.
You have the right to first check whether all work has been carried out correctly.

🔒 Payment of the final invoice is only due when the property is actually delivered and you are given access to the property via a signed provisional delivery report.

🛠️ Additional work: payment according to agreed phases

Additional work (such as a larger kitchen, more expensive floors, extra techniques, etc.) will be invoiced separately, and payment is usually made:

• after approval of the quotation and

• after completion of the additional works, or

• in parts according to the progress of the works

📄 These agreements must be clearly stated on the order form or in a separate agreement . Never pay for full additional work in advance, unless there are tangible deliveries (such as custom work that has already been produced).

🔐 Summary:

Invoice type: When to pay?

Final invoice: At or after provisional delivery

Additional work: After approval and according to implementation or agreements
Do you have any doubts about an invoice or timing?

Let us take a look before you pay. This way you avoid legal problems or incomplete deliveries.

📞 Feel free to contact us for advice or guidance.

Buyer's rights in new construction or renovation

As a buyer of a house or apartment, you have clear rights that protect you from unfair or illegal practices during the construction process. Unfortunately, we still see too often that these rights are not respected — especially during delivery and payment. We are at your side to prevent that.

1. Final invoice may not be paid in full in advance

In practice, some developers or contractors require that the entire final invoice is paid before provisional acceptance, even when not all works have been completed. This is against the law.

The Breyne Act (9 July 1971, article 10) prohibits this practice. According to the law:


Full payment may only be requested after provisional acceptance.

Anyone who does not comply with this commits a criminal offence. Article 14 of the Civil Code states:


"He who directly or indirectly violates the provisions of Article 10 by demanding or accepting payments shall be punished by imprisonment for a term of eight days to one month and by a fine."

Thanks to our intervention, more and more construction companies are adapting and respecting these legal provisions. We ensure that your rights are also respected.

2. Your right to correct delivery

At the provisional acceptance, you as a buyer have the right to make comments about visible defects or unfinished works. These comments are included in an official acceptance report. The contractor is obliged to resolve these points before the final acceptance and this within a reasonable period.

We ensure that this report is drawn up completely and correctly, so that you are not faced with any surprises.

3. Independent guidance: your peace of mind

Our guidance is fully focused on protecting your interests as a buyer. We are independent of the contractor or construction promoter and look critically at both the finishing and the administrative obligations. This way you are assured of a correct delivery and correct payment.

✅ Let us guide you

Do you want to be sure that the delivery is correct and that your rights as a buyer are respected?
Contact us today. We would be happy to schedule a no-obligation consultation to review your situation.

📞 Call us at [phone number]
📩 Or send an email to info@vgexpert.com
 

An article in the deed of the notary that has been taken over from a building promoter or contractor I was able to determine the following...
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"Cannot be regarded as a reason for refusal to deliver:
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The condition of the common parts can in no way prevent provisional delivery of a private lot.
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For the common parts, a longer implementation period is foreseen, which may result in the fact that, for example, the lift has not yet been put into service. however, access to the private plot will be ensured."
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This article is completely incorrect
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What I do not understand is that a notary just takes over this article from a building promoter or a contractor without sufficiently informing himself about the legally required application of the 3 points for the common parts that must first be in order before the private parts are allowed/ can yield.
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The next pointsshould  must have been inspected and put into service before only 1 private apartment can be completed:
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1) Common parts and stairwell must be accessible and safe and the handrails in stairwell must be present!
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2) The lift must be inspected and put into service and accessible to the public!
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3) The fire safety must be tested and commissioned!
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If only 1 of these points is not in order, you can indeed refuse delivery of your apartment.
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There is one additional point...fire safety...I will come back to that in point 14.
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I've done deliveries 23 stories high...can you imagine being forced to take the stairs to get to your apartment here...and for older people..."when they get up"...on the 23rd floor they have to rest for at least a week to recover!
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By the way, the common staircase is regarded as an emergency exit ... so go downstairs ... if you understand me.
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What does a delivery actually mean?

The delivery is more than just an appointment at the construction site. Legally speaking, it is a unilateral , material legal act in which the contractor officially makes the building or apartment available to the client (the buyer) . This means that you as the buyer are given the right to assess the work and possibly accept it .

Delivery also means that the possession of the property is transferred to the buyer. This makes it comparable to the delivery obligation of a seller in a classic sale.

Receipt: actual transfer of the goods

The receipt is the moment when you as a buyer actually take possession of the building. You get the keys and access to the property, and from that moment on a certain responsibility also rests on you as the new owner.

The report: the only official document

In the event of provisional acceptance, a report of acceptance is drawn up. This document:

• is signed by both parties (contractor and client)

• is the only official proof of transfer

• mention any comments or defects

• forms the basis for the final delivery

There are no other documents that can replace this transfer of ownership. Not even through the notary, and not even when the property has not yet been fully paid. This is an essential right of the buyer and a legal obligation for the contractor.

In summary

A delivery therefore means:

➡️ The moment when a house or apartment is transferred to the buyer because it is (in principle) ready.
➡️ A report of provisional delivery is the only official proof of this transfer.

Do you want to be sure that the delivery is correct and that your rights are respected?

We guide you step by step — legally, technically and practically.

📞 Contact us today for a no-obligation consultation.

As I have described before between comments and deferred works, I will come back to terms of executions.
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With terms for comments that are noted in the PV, there are already companies that do this automatically and use between 30 to 35 working days for this ... except for matters that have to be reordered, such as glass for exterior joinery / furniture / repainting of exterior carpentry, etc... one can never set a deadline for this, since it is not known at this time when the delivery will arrive... repainting of profiles is time-bound depending on the temperatures and dry weather.
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Do ask for comments that are necessary before the painter arrives ... and to do this as soon as possible ... preferably within 14 days. Some eg. plastering / baseboards / door casings / repair of wall tiles etc ... other matters that are not urgent can be done within 35 working days.
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In the case of deferred works, this must be done immediately when the delivery arrives...because this had to be carried out before a delivery is requested!
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For those who have not yet noted it, you must certainly force them to note it down (Maximum 35 working days!)...saying "we don't do that" is not allowed...you have rights to enforce that in the PV and write what you want...they can/may also contradict that in the PV!
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Clear agreements must be made and stated in the PV ... because they promise so much with beautiful words, but from experience I know that nothing will come of it!
 
Better that it is in the PV ... then you have the right to send a notice of default afterwards if they do not comply with the agreements made!
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If they keep refusing to write down your notes, whatever…may also be conditional on matters…then have a bailiff come immediately and record this in his report…is very important and they are usually shocked by that ...I will do the same if they continue to refuse...I then call our legal department and they immediately send a bailiff who is nearby...within 20 minutes he will be there and he will draw up an official report of on-the-spot findings!
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Fortunately, this is very rare and I can usually solve the problems on the spot!
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For more than 3 years I have been checking whether the three points of the common parts are met...and there is a reason!
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Especially with regard to fire safety...let me explain:
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I often notice that the fire safety installation (Control box) in the entrance hall is not active (out of service) ... and people still proceed to provisional delivery of private parts (Apartments).
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What are the consequences for you as owners:
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The private parts are also insured in the block policy of the common parts via the VME ... what does that mean.
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All fixed parts ... all interior walls including kitchen / doors / bathroom decor etc ... are also insured in this block policy ... taking into account the standard value ... i.e. if you have other luxurious, more expensive doors / If you have had a kitchen installed, the additional costs are not insured with it ... these are extra luxuries ... and you need to insure them separately with your household effects ... don't forget that!
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When asking various insurance companies for the following..."what if"...fire breaks out from the common parts to the private parts and apartments have already been delivered, while the fire safety of the common parts was not yet in order/ are...does the fire insurance of the block policy taken out by the VME cover the damage to private parts?
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The answer from the insurance companies was clear...if a causal link can be established to the fire safety installation if it had not been put into service and no inspection certificate was/is present...there is no cover for the private parts from the block policy of the VME!
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The insurance companies were shocked by my question because they had never thought about that before...now they did!
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So my conclusion
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A provisional delivery of private parts can never take place before the 3 points described above ... must be clearly in order and inspected ... and certainly with great attention to this fire safety and commissioning!
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Considering the fact that if a delivery is requested and done, it also means that a transfer has taken place from your apartment to you...and the contractor / building promoter is no longer responsible for your property after signing this PV "provisional acceptance report"! They are then no longer allowed to enter your property without your permission....even if you have not yet paid everything!
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So there is no longer any coverage through the insurance of the contractor or building promoter in case of a notice of default with regard to fire safety that is not in order...because the transfer has taken place! 
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I hope I have been able to help you enough with this...if you have any additional questions...just call...information is free of charge.
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