Builder Buyer Agreement for Belgium

Builder Buyer Agreement Template for Belgium

A comprehensive legal agreement governed by Belgian law that establishes the contractual relationship between a builder/construction company and a property buyer for the construction of a new building or significant renovation. The document is primarily regulated by the Breyne Act and encompasses detailed specifications of the construction project, including technical requirements, payment terms, timelines, and quality standards. It provides crucial protections for the buyer while clearly defining the builder's obligations and responsibilities under Belgian construction law.

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What is a Builder Buyer Agreement?

The Builder Buyer Agreement is a fundamental document in Belgian construction law, essential for any new construction or significant renovation project where a property buyer contracts with a builder. This agreement, governed by the Breyne Act (LOI Breyne/Wet Breyne), provides mandatory protections for buyers while establishing clear obligations for builders. It is used when a property is being built or substantially renovated, whether for residential or commercial purposes. The document typically includes comprehensive details about construction specifications, payment schedules, completion timelines, quality standards, and warranty provisions. It must comply with strict Belgian regulatory requirements, including mandatory insurance provisions and the 10-year liability warranty. The agreement serves as the primary reference point for all aspects of the construction project and subsequent obligations.

What sections should be included in a Builder Buyer Agreement?

1. Parties: Identification of the Builder and the Buyer, including full legal names, addresses, and registration numbers where applicable

2. Background: Context of the agreement, including brief description of the construction project and the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Description of the land and planned construction, including exact location and cadastral details

5. Scope of Works: Detailed description of the construction works to be carried out

6. Price and Payment Terms: Total price, payment schedule, and any price revision mechanisms as per Breyne Act requirements

7. Construction Timeline: Start date, completion date, and key milestone dates

8. Builder's Obligations: Comprehensive list of builder's responsibilities, including quality standards and compliance requirements

9. Buyer's Obligations: Buyer's responsibilities including payment obligations and cooperation requirements

10. Quality Standards: Specific quality standards and materials to be used in construction

11. Warranties and Guarantees: Statutory and additional warranties, including the 10-year liability warranty

12. Insurance and Liability: Required insurance coverage and allocation of risks

13. Completion and Handover: Process for completion, inspection, and handover of the property

14. Termination: Circumstances and procedures for contract termination

15. Dispute Resolution: Procedures for handling disputes and applicable jurisdiction

16. General Provisions: Standard legal provisions including notices, amendments, and governing law

What sections are optional to include in a Builder Buyer Agreement?

1. Soil Investigation: Required when the land requires specific soil analysis or has known soil issues

2. Environmental Provisions: Include when the project has specific environmental requirements or impacts

3. Utilities and Connections: Details of utility connections when these are part of the builder's scope

4. Interior Finishes: Detailed specifications for interior finishes when included in the contract scope

5. Variations: Procedures for handling changes to the original specifications when variations are anticipated

6. Financing Provisions: Include when the buyer requires specific financing arrangements or bank guarantees

7. Access Rights: Required when special access arrangements are needed during construction

8. Phased Completion: Include for larger projects with multiple completion phases

What schedules should be included in a Builder Buyer Agreement?

1. Schedule 1 - Construction Plans: Detailed architectural and construction plans approved by relevant authorities

2. Schedule 2 - Technical Specifications: Detailed technical specifications of materials and construction methods

3. Schedule 3 - Payment Schedule: Detailed breakdown of payment installments and triggers

4. Schedule 4 - Construction Timeline: Detailed project timeline with all key milestones

5. Schedule 5 - Building Permits: Copies of all relevant building permits and authorizations

6. Schedule 6 - Insurance Certificates: Copies of required insurance policies

7. Schedule 7 - Quality Standards: Detailed quality standards and acceptance criteria

8. Appendix A - Property Details: Detailed property information including cadastral excerpts and plans

9. Appendix B - Finishing Schedule: Detailed specifications of all finishing materials and standards

10. Appendix C - Warranties: Copies of all applicable warranties and guarantees

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Belgium

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Construction

Real Estate

Architecture

Civil Engineering

Property Development

Infrastructure

Residential Housing

Commercial Property

Urban Development

Sustainable Building

Relevant Teams

Legal

Construction

Project Management

Real Estate

Compliance

Risk Management

Technical Services

Operations

Finance

Procurement

Quality Assurance

Customer Relations

Business Development

Relevant Roles

Construction Manager

Project Manager

Legal Counsel

Contract Manager

Real Estate Developer

Architect

Quantity Surveyor

Building Inspector

Construction Site Supervisor

Property Manager

Compliance Officer

Risk Manager

Technical Director

Chief Operating Officer

Procurement Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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