Does the Breyne Law apply to land sales?

Some time ago, we explained what the Breyne Law entails.

Logically, the Breyne Law applies when a “turnkey” home is sold. But does it also apply to land? In which circumstances?

A brief refresher on the Breyne Law 

It protects buyers of a property purchased off-plan or while under construction and intended for residential use (as a main residence, second home or rental property), provided that it is located in Belgium.
The Breyne Law also applies to property renovation or extension works, provided that ownership is also transferred. In this case, the total cost of the works must amount to at least 80% of the property’s sale price and must also exceed €18,600. 

What about land?

This law does not normally apply to building plots. However, if the seller imposes an obligation to have a house built on the land by a specific contractor, the provisions of the Breyne Law still apply. 

If land is sold and a construction contract is entered into at the same time, the Breyne Law logically applies if the two parties (the seller and the contractor) are connected. However, this is not the case if there is merely a vague obligation to build at the time of sale.

A grey area

These types of agreements fall within the so-called “grey area”. Nevertheless, there is extensive case law in this field. If a buyer wishes to assert their rights and brings legal proceedings, they could challenge a carefully constructed arrangement of agreements (between the seller and a contractor) intended to sell a “turnkey” house without explicitly stating so. 

To defend the seller, it would then be necessary to prove the existence of two separate contracts: one for the sale and the other for the construction, with no connection between the seller and the contractor.