Substantial Potential and the Breyne Act
Important elements:
Our real estate experts regularly assist individuals with their construction or off-plan purchase projects. This is an important step but can quickly become complex without the right information. Fortunately, the Breyne Law is here to secure your processes!
We play a key role in one of the most important stages of this law: the provisional acceptance.
If you are considering building or acquiring a home that is under construction, here is what you absolutely need to know 👇🏻
De Breyne-wet, aangenomen in 1971, regelt de bouw en verkoop van nieuwe woningen in België.
Its objective: to protect the buyer from financial and technical risks.
It ensures clear contracts, regulated payments, and imposes strong guarantees on contractors, particularly regarding completion and quality of the work.
• When constructing a home under a 'turnkey' contract;
• When purchasing off-plan or a property that is under construction;
• Or during major renovations exceeding 80% of the property's value;
• A detailed contract: total price set in advance, clear payment terms, execution deadlines, acceptance conditions.
• A staggered payment: it is not possible to pay more than 5% of the price before the deed is signed. After that, payments follow the actual progress of the work.
• Financial guarantees: the contractor must provide a completion guarantee. It is 5% of the price if they are accredited, and 100% otherwise.
• Two-step acceptance: a provisional acceptance followed by a definitive acceptance, allowing for the quality of the construction to be verified over a period of at least one year.
• The ten-year warranty: the contractor remains responsible for 10 years for defects that compromise the stability, waterproofing, or durability of the construction.
Provisional acceptance: a crucial step in the Breyne Law
Provisional acceptance, as provided by the Breyne Law, is a key moment. It occurs one year before the definitive acceptance. Why one year? To test the property through the seasons (hot, cold, etc.), the ten-year warranty begins with the provisional acceptance. It lasts for 10 years.
This is the time when you need to check that the property conforms to what was agreed upon in the contract :
Is the construction site in accordance with the plans and specifications ?
Are the works completed correctly ?
Are there any visible defects ?
Why turn to Berex for provisional acceptance ?
At Berex, we work alongside you during provisional acceptance to defend your interests. Our technical expertise and impartial perspective guarantee you a smooth and secure provisional acceptance process.
Our Mission :
Conduct a thorough inspection of the property's condition: compliance with the plans, finishes, quality of materials, and adherence to technical standards.
We ensure that the minutes prepared by the project manager are meticulously established.
Ensure the proper implementation of the commitments made by the contractor, particularly regarding the corrections to be made before the final acceptance.
Why is this step so important ?
Validating a provisional acceptance without the involvement of an expert risks approving non-compliant work or overlooking defects.
Once the final acceptance is signed, it becomes much more difficult to assert your rights.
By being accompanied by an expert during this acceptance, you ensure that :
• Benefit from the knowledgeable perspective of an expert and their technical skills;
• Assert your observations before validating the work;
• Secure the ten-year warranty with peace of mind;
BEREX, your trusted partner!
As a real estate expert, I often tell my clients: the Breyne Law protects you, but it must be used correctly. That's where BEREX comes in.
We put our expertise at your service to ensure that the provisional acceptance of your house or apartment takes place under the best conditions.
Do you want to know more about provisional acceptance or our support services ?
At BEREX, we know that every real estate project is unique.
Our priority is to guarantee your peace of mind and to support you at every step.