Act vs contract
Article 7(f) requires a start date, a period, and damages at least equal to a normal rent. Missing those: possible nullity.
The counting recipe comes from the compromise, not a single statutory scale. Civil Code 2023: business day = except Sat/Sun/holiday unless the contract says otherwise.
Start
Start of works as written in the contract.
Off the clock
Weekends, holidays, PC 124, leave, weather ≥ 4 h.
Damages
€ / calendar day, often after registered notice.
Weather
Open-Meteo (ERA5 + 16 days) at the municipality GPS. For court: RMI tables 15/16.
Balanced: 0.5 mm × 5 h, frost, 60 km/h. Mix: your thresholds.
Future days without observations count as business days. The deadline may be slightly early.
FAQ
What is the Breyne Act?
Belgian act of 9 July 1971 protecting buyers of a home to be built or under construction: written contract, price, payment schedule, completion guarantee, acceptance, a period and delay damages at least equal to a normal rent.
Is the working-day count mandatory?
The act requires a period and damages, not the “business days minus weather” recipe. That almost always comes from the contract. Civil Code 2023: business day = except Sat/Sun/holiday unless otherwise agreed.
When does the period start?
The start-of-works date in the contract. It runs until the request for provisional acceptance.
Business day, working day, weather day?
Business day: excluding weekend, holiday, leave, PC 124. Weather day: a business day unusable ≥ 4 h. Working day: a business day that is not weather. Only working days consume the typical period.
Who decides a weather day?
The RMI provides tables; Constructiv covers frost. Evidence: site diary. Here: typical thresholds + Open-Meteo at the GPS. An estimate, not a judgment.
How much are delay damages?
At least a normal rent. Often a lump sum € / calendar day, after formal notice, until the invitation to provisional acceptance.
Is formal notice required?
Often under the contract. Without registered mail the developer will argue that nothing is due.
Do construction holidays and PC 124 apply everywhere?
12 compensatory rest days nationwide (regimes A/B). Summer closures: regional recommendations, binding mainly via the work rules.
Weather after the shell is closed?
The standard contract does not split phases. Buyer reading: once watertight, rain/wind matter less. Buyer / Mix tabs.
Does this replace a lawyer?
No. It does not read your force-majeure clause or the architect’s diary. For a dispute: the developer’s breakdown, RMI 15/16, legal advice.
Does the Breyne Act apply to my purchase?
In principle yes for a dwelling to be built or under construction above a works threshold. The notary flags it in the compromise.
Provisional acceptance?
The home is habitable. It starts the ten-year liability, transfers risk, and usually stops delay damages. Moving in may amount to tacit acceptance.