Upon completion of the works, the client declares that he accepts the construction or renovation without reservations.

​

The delivery is an important milestone: it marks the end of the site and proves that the contractor has fulfilled his obligations.

​

The delivery takes place in two steps: a provisional delivery and a final delivery. If the Breyne law applies, double delivery is mandatory.

​

What is the provisional acceptance?

​

Provisional acceptance is primarily the fact that the works have been completed and that you have moved into the home. This will normally allow the company to claim the balance of the price and start the period in which you can carry out a thorough inspection of the works.

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What should you pay attention to during provisional acceptance?

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Read the conditions in your contract

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Most contracts provide that the client “approves” the works upon provisional acceptance. In other words, in your opinion, the work was carried out correctly and you release the company from responsibility for all visible defects.

​

Report the defects in an official report

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If you notice visible defects, defects or shortcomings, report them in a report of provisional acceptance. This must be signed by you and the company. If the defects are minor, you can accept delivery conditionally and the company must remedy them. If there are major defects, provisional acceptance must be postponed as long as the problem persists.

​

Check whether the Breyne law has been complied with

​

Has the company failed to comply with certain provisions of the Breyne Act? If you want to have the contract annulled, you must do so before provisional acceptance (before the execution of the authentic deed in the case of a sale).

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Ten-year liability and provisional acceptance

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For a period of ten years, the company is liable for defects that endanger the stability of the building or one of its essential parts. That period is called the ten-year liability.

​

If the client “approves” the works, the provisional acceptance is the start of the ten-year liability. This is provided for in most contracts.

​

Does a defect appear after the works have been approved that is not covered by the ten-year liability (e.g. defective sound insulation)? In some cases you can then rely on the company's liability for "minor" hidden defects.

​

What does the Breyne law say about provisional acceptance?

​

If the Breyne law is applied, certain rules apply to provisional acceptance, including:

​

• A written document signed by all parties serves as proof of provisional acceptance. If you refuse delivery, you must justify this in a registered letter to the seller or contractor.

​

Please note: if you occupy or use the property, you are assumed to tacitly accept the provisional acceptance (unless the contrary is proven). This can also happen if you leave unanswered a written request from the company to carry out delivery on a certain date.

​

• The transfer of risks (theft, fire, etc.) cannot take place before the provisional acceptance of the works or, in the case of an apartment, before the provisional acceptance of the private parts.

• Between the provisional acceptance and the final delivery  at least one year must pass.

• Has the company failed to comply with certain provisions of the Breyne Act? If you want to have the contract annulled, you must do so before provisional acceptance (before the execution of the authentic deed in the case of a sale).

Upon completion of the works, the client declares that he accepts the construction or renovation without reservations.

The delivery is an important milestone: it marks the end of the site and proves that the contractor has fulfilled his obligations.

The delivery takes place in two steps: a provisional delivery and a final delivery. If the Breyne law applies, double delivery is mandatory.

​

What is the final delivery?

 

With the final delivery you acknowledge after a certain period that the work has been carried out properly. As a result:

​

• the company is released from liability for any visible defects (except those that you reported upon delivery or that endanger the stability of the building);

• the company's ten-year liability commences (liability for 10 years for defects that endanger the stability of the building or one of its essential parts).

 

Ten-year liability and final delivery

 

For a period of ten years, the company is liable for defects that endanger the stability of the building or one of its essential parts. That period is called the ten-year liability.

​

In theory, the ten-year liability commences from the final delivery. In practice, many contracts provide that the client “approves” the works upon provisional acceptance. In other words, the provisional acceptance marks the start of the company's ten-year liability. So check carefully what is in your contract and ask for clarification if necessary.

​

Does a defect appear after the works have been approved that is not covered by the ten-year liability (e.g. defective sound insulation)? In some cases you can then rely on the company's liability for "minor" hidden defects.

 

What does the Breyne law say about final delivery?

 

 

If the Breyne law is applied, certain rules apply to final delivery, including:

​

• A written document signed by all parties serves as proof of final delivery. If you refuse delivery, you must justify this in a registered letter to the seller or contractor;

  Please note: if you leave unanswered a written request from the company to carry out delivery on a certain date, you may be assumed to tacitly accept the final delivery (unless proven otherwise).
   

• The final acceptance can only take place after a period of at least one year after the provisional acceptance. In an apartment building, the final delivery of the common areas must take place before the final delivery of the private parts, so that habitability is guaranteed.

Are you building your own home? Or are you renovating an apartment? Do you encounter any problems with this? Below you can read what you can do.

As a prospective builder or buyer, the Breyne Act offers you extensive protection. It determines, among other things, the rights and obligations of each player on the construction site and provides guarantees.

​

How do I know if I am protected by the Breyne Act?

 

To benefit from protection under the Breyne Act, several conditions must be met:

​

• you have a house or apartment built or you buy a house to be built or a house under construction or

• you buy an existing home where the seller extends or significantly renovates that home (the total price of these works must be at least 80% of the sales price of the home and more than 18,600 euros).

• ​

Whatever your situation, keep in mind that:

​

• the building must be intended for residential use or for professional and residential use;

• you must make one or more payments before the works are fully completed, according to the terms of the contract;

• you may only work with one contractor.

• your agreement requires two steps:

  • the provisional acceptance 

  • the final delivery 

​

How do you stand up for your rights when problems arise?

​

In case of problems with the construction company

 

Does your contractor refuse to implement the contract or does he not respect it?

According to the Breyne Act, a contractor must fulfill his obligations in accordance with the agreements in the contract. He must carry out the work within the agreed period and price.

​

Does he refuse? Then serve him a notice of default asking him to comply with the contract. Use this 

 

- type letter to inform the contractor of his obligations (DOC, 49.5 KB).

-Example document in word - docx. notice of default for late delivery

- Example document in word - docx. notice of default for performance

​

If you have any problems, contact a professional

 

Did your tiler do a sloppy job? Did the plumber connect the heaters incorrectly? The professional who has undertaken to carry out the work must of course complete the work successfully.

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Dissatisfied with a professional? Then discuss and find a solution together.

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This type letter helps you express your dissatisfaction (DOC, 49 KB) and request a solution to the problem (price reduction, repair, etc.).

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And if the professional does not respond to your request? First try to settle the dispute amicably. Hire an independent mediator (construction expert). Even if such mediation is charged, it is often cheaper than a lawsuit.

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In case of technical problems

 

Have you just built or renovated? Does the masonry show cracks? Is the roof not waterproof? Are the tiling joints defectively executed?

Contact a construction expert.

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Themes

 

The Breyne Act regulates the construction of homes in Belgium. It guarantees the prospective builder or buyer extensive protection, including through a contract with transparent information about the total price of a project, the payment terms, etc. In addition, the law determines who is responsible and it provides financial guarantees.

​

What is the Breyne law?

 

The law of 9 July 1971 regulating the construction and sale of homes, better known as the Breyne law, offers extensive protection to anyone who:

• have a house built

• buys a house to be built

• buy a house under construction

 

The Breyne law protects the future owner against the insolvency of the ownertaking. He guarantees him complete and correct information, without any unlawful clause in the contract. Most provisions of the law are mandatory (one cannot deviate from them).

​

What does the Breyne Act apply to?

 

The law applies – among other things – to:

• a contract for construction work

• sale on plan

• a turnkey contract

 

The Breyne Act may also apply to the sale of an existing home. This is the case if the seller expands or significantly renovates the home. The total price of these works must then be at least 80% of the sales price of the home and more than 18,600 euros.

​

Under what conditions does the Breyne Act apply?

 

For the application of the law it is necessary that:

• the building is intended for residential use or for professional and residential use;

• the future owner makes one or more payments before the works are fully completed, according to the terms of the contract.

• ​

 

In which cases does the Breyne Act not apply?

 

The Breyne Act does not apply if:

• the future owner has concluded separate contracts with different contractors (a company for the roughboyour, an anone for roofing, one for heating, etc.);

• the future owner has had work carried out in a home that he already owned. After all, these activities do not take place in the context of a transfer of ownership of the building;

• the contract is concluded with certain entities (for example a municipality);

• the future owner builds homes as a professional activity or has them built in order to sell them;

• the contract is a study agreement relating to a structure and if certain conditions are met.

 

What guarantees does the Breyne law offer?

 

The guarantees provided by the law include:

• The deposit you pay upon conclusion of the contract may not exceed 5% of the total amount of the contract;

• The balance must be paid in instalments. These may not exceed the value of the work performed;

• The total price is fixed in advance (with the possibility of revision, but under certain conditions);

• The obligation to deliver the home in two phases: the provisional delivery and the final delivery (at least one year after provisional acceptance);

• A mandatory financial guarantee that protects the future owner if the company fails to meet its obligations (e.g. bankruptcy);

• Clearly defined liabilities: the company (contractor or seller) is liable for ten years for any serious defect - visible or hidden - that affects the stability or solidity of the home.

 

What if the Breyne law is not followed?

 

Failure to comply with the Breyne law may lead to the nullity of the contract or of the relevant clause of the contract.

Themes

 

The Breyne Act regulates the construction of homes in Belgium. It guarantees the prospective builder or buyer extensive protection, including through a contract with transparent information about the total price of a project, the payment terms, etc. In addition, the law determines who is responsible and it provides financial guarantees.

​

What is the Breyne law?

 

The law of 9 July 1971 regulating the construction and sale of homes, better known as the Breyne law, offers extensive protection to anyone who:

• have a house built

• buys a house to be built

• buy a house under construction

 

The Breyne law protects the future owner against the insolvency of the ownertaking. He guarantees him complete and correct information, without any unlawful clause in the contract. Most provisions of the law are mandatory (one cannot deviate from them).

​

What does the Breyne Act apply to?

 

The law applies – among other things – to:

• a contract for construction work

• sale on plan

• a turnkey contract

 

The Breyne Act may also apply to the sale of an existing home. This is the case if the seller expands or significantly renovates the home. The total price of these works must then be at least 80% of the sales price of the home and more than 18,600 euros.

​

Under what conditions does the Breyne Act apply?

 

For the application of the law it is necessary that:

• the building is intended for residential use or for professional and residential use;

• the future owner makes one or more payments before the works are fully completed, according to the terms of the contract.

• ​

 

In which cases does the Breyne Act not apply?

 

The Breyne Act does not apply if:

• the future owner has concluded separate contracts with different contractors (a company for the roughboyour, an anone for roofing, one for heating, etc.);

• the future owner has had work carried out in a home that he already owned. After all, these activities do not take place in the context of a transfer of ownership of the building;

• the contract is concluded with certain entities (for example a municipality);

• the future owner builds homes as a professional activity or has them built in order to sell them;

• the contract is a study agreement relating to a structure and if certain conditions are met.

 

What guarantees does the Breyne law offer?

 

The guarantees provided by the law include:

• The deposit you pay upon conclusion of the contract may not exceed 5% of the total amount of the contract;

• The balance must be paid in instalments. These may not exceed the value of the work performed;

• The total price is fixed in advance (with the possibility of revision, but under certain conditions);

• The obligation to deliver the home in two phases: the provisional delivery and the final delivery (at least one year after provisional acceptance);

• A mandatory financial guarantee that protects the future owner if the company fails to meet its obligations (e.g. bankruptcy);

• Clearly defined liabilities: the company (contractor or seller) is liable for ten years for any serious defect - visible or hidden - that affects the stability or solidity of the home.

 

What if the Breyne law is not followed?

 

Failure to comply with the Breyne law may lead to the nullity of the contract or of the relevant clause of the contract.

Themes

 

The Breyne Act regulates the construction of homes in Belgium. It guarantees the prospective builder or buyer extensive protection, including through a contract with transparent information about the total price of a project, the payment terms, etc. In addition, the law determines who is responsible and it provides financial guarantees.

​

What is the Breyne law?

 

The law of 9 July 1971 regulating the construction and sale of homes, better known as the Breyne law, offers extensive protection to anyone who:

• have a house built

• buys a house to be built

• buy a house under construction

 

The Breyne law protects the future owner against the insolvency of the ownertaking. He guarantees him complete and correct information, without any unlawful clause in the contract. Most provisions of the law are mandatory (one cannot deviate from them).

​

What does the Breyne Act apply to?

 

The law applies – among other things – to:

• a contract for construction work

• sale on plan

• a turnkey contract

 

The Breyne Act may also apply to the sale of an existing home. This is the case if the seller expands or significantly renovates the home. The total price of these works must then be at least 80% of the sales price of the home and more than 18,600 euros.

​

Under what conditions does the Breyne Act apply?

 

For the application of the law it is necessary that:

• the building is intended for residential use or for professional and residential use;

• the future owner makes one or more payments before the works are fully completed, according to the terms of the contract.

• ​

 

In which cases does the Breyne Act not apply?

 

The Breyne Act does not apply if:

• the future owner has concluded separate contracts with different contractors (a company for the roughboyour, an anone for roofing, one for heating, etc.);

• the future owner has had work carried out in a home that he already owned. After all, these activities do not take place in the context of a transfer of ownership of the building;

• the contract is concluded with certain entities (for example a municipality);

• the future owner builds homes as a professional activity or has them built in order to sell them;

• the contract is a study agreement relating to a structure and if certain conditions are met.

 

What guarantees does the Breyne law offer?

 

The guarantees provided by the law include:

• The deposit you pay upon conclusion of the contract may not exceed 5% of the total amount of the contract;

• The balance must be paid in instalments. These may not exceed the value of the work performed;

• The total price is fixed in advance (with the possibility of revision, but under certain conditions);

• The obligation to deliver the home in two phases: the provisional delivery and the final delivery (at least one year after provisional acceptance);

• A mandatory financial guarantee that protects the future owner if the company fails to meet its obligations (e.g. bankruptcy);

• Clearly defined liabilities: the company (contractor or seller) is liable for ten years for any serious defect - visible or hidden - that affects the stability or solidity of the home.

 

What if the Breyne law is not followed?

 

Failure to comply with the Breyne law may lead to the nullity of the contract or of the relevant clause of the contract.