The developer must comply with a number of legal obligations when a property sale is subject to the Breyne Law.
When the property owner formally "accepts" the works, the Provisional Acceptance Inspection marks the start of the ten-year liability period, the release of the bank guarantee, and the payment of the final instalment, as provided for in most contracts.
In addition, the seller must provide the buyer with all documents necessary to properly understand what is being purchased. These mandatory documents include the sales agreement, specifications, plans, and the deed of co-ownership. The buyer must be given sufficient time to review these documents. The sales agreement must contain the provisions of the Breyne Law.
The seller must respect the payment schedule according to the progress of the works. Each instalment must be certified by the architect. Both a Provisional Acceptance Inspection and a Final Acceptance Inspection are mandatory. This is explained in greater detail below.
Any breach of the Breyne Law may result in the termination of the contract.
What Does the Breyne Law Say About the Provisional Acceptance Inspection?
When the Breyne Law applies, specific rules govern the Provisional Acceptance Inspection:
A written document signed by all parties serves as proof of the Provisional Acceptance Inspection. If you refuse acceptance, you must justify your refusal by registered letter to the seller or contractor.
An invitation to a Provisional Acceptance Inspection cannot be ignored. You are required to respond. Receiving such an invitation also gives you the right to request the Provisional Acceptance Inspection yourself.
Important: if you occupy or use the property, you may be deemed to have tacitly accepted the Provisional Acceptance Inspection (unless proven otherwise). The same may apply if you fail to respond to a written request from the contractor to schedule the inspection. It is therefore essential to always respond and justify any refusal.
The transfer of risks (such as theft, fire, etc.) cannot take place before the Provisional Acceptance Inspection of the works or, in the case of an apartment, before the Provisional Acceptance Inspection of the private unit.
A period of one year must separate the Provisional Acceptance Inspection from the Final Acceptance Inspection.
Has the contractor or developer failed to comply with certain provisions of the Breyne Law? If you wish to seek annulment of the contract, this must be done before the Provisional Acceptance Inspection (or before signing the notarial deed in the case of a property sale).
