Buyer Builder Agreement Template for Belgium

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Key Requirements PROMPT example:

Buyer Builder Agreement

"I need a Buyer Builder Agreement for the construction of an eco-friendly family home in Brussels, incorporating solar panels and sustainable materials, with construction scheduled to commence in March 2025 and strict compliance with Belgian energy efficiency standards."

Document background
The Buyer Builder Agreement is a crucial legal document used in Belgium when engaging a construction company or builder for property construction projects. This agreement, regulated primarily by the Breyne Act and relevant provisions of the Belgian Civil Code, provides essential protection for buyers while establishing clear obligations for builders. It is particularly important in both residential and commercial construction projects where a buyer contracts a builder to construct a new property or undertake significant renovations. The document must comply with specific Belgian legal requirements including mandatory insurance provisions, consumer protection measures, and construction standards. It typically includes detailed specifications, payment schedules, completion timelines, and quality requirements, while addressing key aspects such as permits, warranties, and dispute resolution procedures. The agreement is fundamental in preventing disputes and ensuring clear communication between parties throughout the construction process.
Suggested Sections

1. Parties: Identification and details of the Builder and the Buyer, including registration/company numbers and addresses

2. Background: Context of the agreement, including property details and brief description of the construction project

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

4. Project Scope: Detailed description of the construction work to be performed, including reference to plans and specifications

5. Price and Payment Terms: Total price, payment schedule, and mechanisms for price revision as per Belgian law

6. Construction Timeline: Start date, completion date, and key milestones in the construction process

7. Builder's Obligations: Comprehensive list of builder's responsibilities, including compliance with regulations and standards

8. Buyer's Obligations: Buyer's responsibilities including access, approvals, and payment obligations

9. Insurance and Liability: Required insurance coverage and liability provisions, including decennial liability

10. Permits and Approvals: Responsibility for obtaining necessary permits and ensuring compliance with urban planning regulations

11. Quality Standards: Construction standards, materials quality, and compliance requirements

12. Inspections and Acceptance: Process for inspections during construction and final acceptance procedures

13. Warranties: Statutory and additional warranties provided by the builder

14. Variations: Process for handling changes to the original specifications or scope

15. Termination: Grounds and procedures for contract termination by either party

16. Force Majeure: Provisions for handling unforeseen circumstances and delays

17. Dispute Resolution: Procedures for handling disputes, including mediation and jurisdiction

18. General Provisions: Standard legal provisions including notices, assignment, and entire agreement

Optional Sections

1. Soil Studies: Required when the construction involves significant groundwork or is in an area with known soil issues

2. Environmental Provisions: Additional section when the project requires specific environmental considerations or permits

3. Financing Arrangements: Required when the buyer is obtaining specific construction financing or when stage payments are linked to financing

4. Sustainable Construction Requirements: Include when the project has specific sustainability or energy efficiency requirements

5. Subcontractors: Detailed provisions regarding subcontractors when significant parts of the work will be subcontracted

6. Utilities and Connections: Specific provisions for utility connections when these form a significant part of the work

7. Temporary Facilities: Required when temporary structures or facilities are needed during construction

8. Neighboring Properties: Include when construction may impact neighboring properties or require specific arrangements

Suggested Schedules

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

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

3. Schedule 3 - Payment Schedule: Detailed breakdown of payment stages and amounts

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

5. Schedule 5 - Building Permits: Copies of all required permits and approvals

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

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

8. Appendix A - Soil Report: Results and recommendations from soil studies

9. Appendix B - Environmental Reports: Environmental impact assessments and related reports

10. Appendix C - Materials Specifications: Detailed specifications for all materials to be used

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

Relevant legal definitions
Clauses
Relevant Industries

Construction

Real Estate

Architecture

Property Development

Residential Construction

Commercial Construction

Building Materials

Construction Project Management

Construction Finance

Urban Development

Relevant Teams

Legal

Construction Management

Project Management

Real Estate

Compliance

Risk Management

Property Development

Contracts Administration

Technical Services

Quality Assurance

Relevant Roles

Construction Manager

Project Director

Legal Counsel

Contract Manager

Property Developer

Architect

Quantity Surveyor

Building Inspector

Construction Site Manager

Real Estate Manager

Compliance Officer

Risk Manager

Insurance Underwriter

Construction Lawyer

Urban Planning Officer

Industries
Breyne Act (Wet Breyne / LOI Breyne): The Belgian law specifically regulating agreements between builders and private individuals for the construction or sale of houses or apartments. This law provides mandatory protection for the buyer.
Belgian Civil Code Articles 1787-1799: These articles govern construction contracts (contrat d'entreprise/aannemingsovereenkomst) and establish basic principles for construction agreements, responsibilities, and liabilities.
Law of 31 May 2017 on Construction Insurance: Mandatory insurance requirements for construction projects, including decennial liability insurance for residential buildings.
Belgian Urban Planning Code: Regulations concerning building permits, zoning requirements, and urban development standards that must be considered in construction projects.
Book VI of the Code of Economic Law: Consumer protection regulations that apply when the buyer is a consumer, including rules about unfair contract terms and consumer rights.
Royal Decree of 25 January 2001 on Temporary and Mobile Construction Sites: Safety regulations and requirements for construction sites, including coordination and safety measures.
Environmental Decree: Environmental regulations affecting construction projects, including soil management and environmental impact considerations.
VAT Code: Regulations regarding VAT applications in construction projects, including reduced rates for residential construction.
Law of 9 July 1971 on Price Regulation: Regulations concerning price setting and price revision in construction contracts.
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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