📌 Wet Breyne in Belgium
The Wet Breyne (1971) protects Belgian buyers of homes or apartments on plan or under construction. The goal is to financially and legally protect the buyer against real estate developers or contractors who go bankrupt, do poor work, or do not fulfill agreements.
🔒 Key protection mechanisms
Mandatory application: always applies to sale on plan or under construction. This cannot be contractually excluded.
Bank guarantee of 100%: the contractor or developer must provide a financial guarantee that fully protects you if the project is not completed.
Payment in installments: you may never pay more than the percentage of the finished construction phase, strictly according to legal schedules.
Mandatory inspections: provisional and final inspections are mandatory so that defects can be identified and corrected.
Ten-year liability: for serious defects or risks of collapse.
Contractual obligations: price, delivery time, and technical specifications must be clearly defined.
👉 In short: the Belgian buyer is optimally protected against financial risks and construction errors.
📌 How does it work in Spain?
In Spain, there is no exact equivalent of the Wet Breyne, but different laws do offer some similar guarantees — albeit less strict and less comprehensive.
🏗️ 1. Bank guarantee or insurance on advances (Ley 20/2015)
When buying a property under construction, the developer is legally required to:
- Obtain a bank guarantee or insurance policy that covers the advances paid.
- This guarantee is valid until the moment of the notarial transfer.
If the project is stopped or not delivered on time, you can claim back your advances and interests through this guarantee.
👉 Important: this guarantee is only legally required for payments before delivery. You must actively request proof of this guarantee; otherwise, you are at risk.
📜 2. Technical and structural guarantees (Ley de Ordenación de la Edificación - LOE)
The LOE (Building Regulation Law) of 1999 establishes liability for construction defects:
- 10 years of liability for serious defects that threaten the structural stability of the building.
- 3 years for defects that affect habitability (e.g. moisture problems).
- 1 year for visible defects or finishing issues.
A mandatory insurance for structural defects must also be taken out for new construction, providing an additional guarantee to buyers.
✅ Practical considerations in Spain
- Hiring a lawyer is essential: they will check if all guarantees are in place and if your payments are properly covered.
- Always ask for a copy of the bank guarantee or insurance before making advance payments.
- Establish clear agreements regarding construction deadlines, delivery, and payment dates.
- Check if the developer has successfully completed similar projects in the past.
🎯 Conclusion
Spanish legislation certainly offers some important guarantees, but these are:
- Less mandatory and less comprehensive than the Wet Breyne.
- Not automatically guaranteed without the intervention of a lawyer or good real estate agent.
- Strongly dependent on the content of the sales contract.
Therefore, legal guidance for purchases in Spain is crucial, especially for projects under construction.
