Loi Breyne: Secure Your Property Purchase and Construction Project
Planning to build or buy a new home on plan? The Loi Breyne offers powerful legal protection for future buyers and builders in Belgium. By strictly regulating payments, responsibilities and completion guarantees, it helps you avoid the worst-case scenario: a half-finished project and a lost investment.
Understanding how the Loi Breyne works in 2026 is essential before signing any contract with a developer or contractor. Discover the key rules that secure your real estate project and learn how to use them to negotiate better, safer conditions.
Stronger protection for your project
The Loi Breyne was initiated by Minister Breyne with one clear objective: protect prospective builders and buyers against the bankruptcy and failures of certain real estate developers and contractors.
This law is mandatory: it applies automatically when its conditions are met and its provisions are binding on all parties. It revolves around several key pillars: two-phase reception, clear liability, controlled payment terms and a completion guarantee.
How the Loi Breyne secures your purchase from plan to final delivery
From the first signature to the final reception of the property, the Loi Breyne frames each step of the process. By understanding these mechanisms, you can better protect your budget, your deadlines and the quality of your future home.
A two-phase reception of the works
The Loi Breyne requires that the acceptance of the works takes place in two distinct phases: a provisional acceptance and a final acceptance. Concretely, this means that the buyer officially accepts all the works that have been completed, but keeps a legal margin to have defects corrected.
A minimum period of one year must separate provisional and final acceptance. During this period, you can identify possible defects, have them noted and require repairs. This timeline allows you to experience the property through all seasons, making it easier to detect issues such as humidity, insulation or structural problems.
This two-step mechanism significantly reduces the risk of being left with unfinished work or uncorrected flaws. It also encourages the contractor or developer to deliver a quality result from the outset.
Key points of reception
- Provisional acceptance: first official validation of the completed works.
- Final acceptance: definitive validation, at least one year after provisional acceptance.
- Time window to report and correct visible defects.
- Stronger negotiating power in case of non-compliance or delays.
Clear definition of responsibilities
Under the Loi Breyne, hidden defects fall under the responsibility of the seller or developer. If defects appear after delivery and could not reasonably have been detected at acceptance, you can still hold the seller liable.
Moreover, the seller is liable for serious construction defects for a period of ten years, even if these defects were already noticed at the time of final acceptance. This so-called ten-year liability covers major problems that affect the solidity or stability of the building.
This clear framework of responsibilities gives you solid legal leverage in case of disputes and encourages professionals to comply with construction standards and good practices.
Safe and transparent payment method
The total construction price as well as the fees of service providers must be communicated in advance to the prospective builder or buyer and clearly included in the contract. No vague or approximate amounts: everything must be written down.
Payment is made in installments, and each payment may never exceed the value of the works actually completed. This prevents you from paying too much in advance and reduces your exposure in case the project encounters difficulties or delays.
If the developer requires a deposit at the time of signing the agreement, it may not exceed 5% of the total contract price. This strict rule limits your initial financial risk and secures your cash flow throughout the project.
The completion guarantee
The completion guarantee is a central clause of the Loi Breyne. It protects the buyer in case of bankruptcy or insolvency of the contractor or real estate developer. In practice, the professional is obliged to obtain a bank guarantee that can reach up to 100% of the contract amount.
If the company fails or is no longer able to complete the works, this guarantee can be activated to finance the completion of the project or compensate the buyer. It is therefore crucial to check that this guarantee is clearly mentioned and properly documented in your contract.
Before signing, do not hesitate to request written proof of the bank guarantee and have it checked by a professional (notary, lawyer or specialised adviser).
What about separate contracts for the construction?
In some projects, several trades are involved in the construction of a single dwelling: masonry, roofing, heating, electricity, finishes, etc. The future owner may then choose to sign a separate contract with each contractor instead of a single global contract with a developer.
In this configuration, it is up to the architect to coordinate the work of all craftsmen and contractors, both technically and in terms of planning. However, the Loi Breyne does not apply in the case of multiple separate contracts supervised by an architect.
This means that you benefit from less specific protection than under the Loi Breyne. It is therefore essential to negotiate robust individual contracts, verify insurance coverage and, where necessary, seek legal or financial advice before committing to this type of project structure.
Key benefits of the Loi Breyne for buyers and future builders
By choosing a project covered by the Loi Breyne, you benefit from a reinforced legal framework at every stage: from pricing and payments to delivery, liability and completion. Below are the main advantages that make it a reference in terms of protection in the Belgian real estate market.
Clear, written framework
Total price, fees and payment schedule must be specified in the contract. This transparency reduces the risk of unpleasant financial surprises and gives you better control over your budget from day one.
Controlled financial risk
Payments in installments cannot exceed the value of completed works, and the deposit is capped at 5%. Combined with the completion guarantee, this strongly limits your exposure in case of problems during the project.
Lasting legal protection
The two-phase reception, liability for hidden defects and the 10-year guarantee for serious defects give you long-term protection and solid recourse if something goes wrong with your new property.
Plan your financing under the Loi Breyne in 2026
A project governed by the Loi Breyne requires careful financial planning: deposit, installments, unforeseen costs and finishing works. Get support to structure your financing and protect your budget throughout your real estate project.