The New Home Construction Purchase Agreement is a crucial document used in Belgium when a buyer contracts for the construction and purchase of a new residential property. This agreement is specifically regulated under the Belgian Breyne Act (Wet Breyne/LOI Breyne), which provides mandatory protection for buyers of properties to be built or under construction. The document is essential when the buyer is contracting for both the land purchase and construction services, or just the construction on already-owned land. It must include specific provisions about payment schedules, construction timelines, technical specifications, and mandatory warranties. The agreement needs to comply with federal Belgian law as well as regional regulations regarding urban planning, energy performance, and environmental standards. This type of agreement is distinct from standard property purchase agreements as it must address both the property transfer and the construction process, including mechanisms for quality control, modifications, and the specific protections required under Belgian law.
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1. Parties: Identification of the Builder/Seller and the Buyer(s), including full legal names, addresses, and registration numbers for companies
2. Background: Context of the agreement, including property details and confirmation of the Builder's credentials and permits
3. Definitions: Definitions of key terms used throughout the agreement, including technical construction terms
4. Property Description: Detailed description of the land and planned construction, including cadastral details and lot size
5. Construction Specifications: Overview of the construction work, materials, and quality standards to be met
6. Purchase Price and Payment Schedule: Total price, payment structure complying with Breyne Act, and payment milestones
7. Construction Timeline: Start date, completion date, and key construction milestones
8. Builder's Obligations: Comprehensive list of Builder's responsibilities, including permits, insurance, and warranties
9. Buyer's Obligations: Buyer's responsibilities including payments, access, and decision-making timeframes
10. Quality Control and Inspections: Inspection rights, quality control processes, and acceptance procedures
11. Warranties and Guarantees: Statutory and additional warranties, including the 10-year liability warranty
12. Modifications and Changes: Process for requesting and implementing changes to specifications
13. Completion and Handover: Final inspection, acceptance criteria, and property transfer process
14. Default and Remedies: Consequences of breach by either party and available remedies
15. General Provisions: Standard legal clauses including notices, governing law, and dispute resolution
1. Financing Conditions: Include when buyer's purchase is subject to obtaining mortgage financing
2. Soil Investigation: Required when property is in an area with potential soil contamination
3. Environmental Provisions: Include when special environmental requirements or certifications are needed
4. Special Energy Performance Requirements: Use when specific energy efficiency standards beyond minimum requirements are agreed
5. Interior Finishing Package: Include when buyer can choose from different interior finishing options
6. Utilities and Connections: Required when special arrangements for utility connections are needed
7. Property Management: Include for developments with common areas or shared facilities
8. Parking and Storage: Use when separate parking spaces or storage units are included in the purchase
1. Schedule 1 - Technical Specifications: Detailed technical specifications of the construction, including materials and methods
2. Schedule 2 - Floor Plans and Drawings: Architectural plans, elevations, and detailed drawings of the property
3. Schedule 3 - Finishing Schedule: Detailed description of all finishing materials and standards
4. Schedule 4 - Payment Schedule: Detailed breakdown of payment instalments and corresponding construction milestones
5. Schedule 5 - Construction Timeline: Detailed timeline with all construction phases and milestone dates
6. Schedule 6 - Permits and Certificates: Copies of all relevant building permits and certificates
7. Schedule 7 - Energy Performance Certificate: Energy performance specifications and certificates
8. Schedule 8 - Property Plans and Cadastral Documents: Official property plans and cadastral documentation
9. Appendix A - Builder's Insurance Certificates: Copies of all required insurance policies
10. Appendix B - Warranty Certificates: Detailed warranty terms and certificates
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