- Real Estate, Renting and Co-ownership , Construction Law
- Breyne Law , Sale on plan , turn-key agreement , purchase of a house , purchase of an appartment , house , appartment , flat
The Breyne Law, also known as the Housing Construction Law, celebrated its 50th anniversary on 9 July 2021. This means that this legislation will have been in force for 50 years by the end of this year.
Despite its age, this law is still very much up to date. We consider this as a sufficient reason to recall a number of important bullet points.
The Breyne Law or the Housing Construction Law regulates the purchase of a house or flat that does not yet exist in reality (or at least not completely).
With such a sale, almost nothing is received in exchange for the payment because the construction has yet to begin or is simply not finished.
We can think of the following situations:
That is why the legislator wanted to provide extra protection against the insolvency of the seller or contractor. Hence the Housing Law, more commonly known as the "Breyne Law".
The Breyne Law regulates a number of issues which your private contract and subsequently the authentic deed must at least satisfy.
We give you some of these items below:
The Breyne Law also stipulates how payment must be fulfilled:
Any term contrary to Articles 3 to 6 and 8 to 11 of the Breyne Law, and to the royal decrees issued pursuant to Article 8(2) of the Breyne Law, will be deemed unwritten.
Even if the provisions relating to compulsory statements (Article 7) and the financial guarantee to be given by the vendor or contractor (Article 12) or the royal decrees issued pursuant to these articles are disregarded, this will also render the contract null and void or render the clause contrary to the law null and void.
It is therefore important to be aware of this issue when concluding such an agreement. It is therefore a good idea to have your contract(s) checked for compliance with the Breyne Law.
If you would like to receive more information or assistance regarding the Breyne Law, your construction project or your contracts, please contact the specialists at Seeds of Law at email@example.com, firstname.lastname@example.org or email@example.com.