The Breyne law wants to adequately protect the prospective buyers of a property against contractors and construction professionals.

The Breyne law stipulates that a contractor must guarantee delivery.

 

Bail in cash under the Breyne Act

Do I have to pay for placing a bail in cash under the Breyne Act at the Deposit and Care Office?

Do I have to pay for placing a bail in cash under the Breyne Act at the Deposit and Care Office?

No, placing a bail in money under the Breyne Act is free.

 

Are interest on a bail in cash under the Breyne Act reimbursed by the Deposit and Care Office?

Interest on a bail in cash

The interest is calculated annually on the due date and paid out. 

 

To whom do I submit my request for repayment of a guarantee in cash under the Breyne Act?

repayment of a guarantee in cash

When all work is done, you request the repayment of the bail from the buyer of the property.

The buyer of the house delivers a signed release letter directly by e-mail or by post a copy of his or her identity card with the signature clearly visible to the Deposit and Care Office. The release letter is a written approval stating the registration number of the guarantee and the amount that may be released.

 

Within what period does the Deposit and Care repay the bail in cash under the Breyne Act?

Within what period does the Deposit and Care repay the bail in cash under the Breyne Act?

The Deposit and Care Office reimburses the bail within five working days of receiving the release letter from the buyer of the home.

 

What amount of the guarantee under the Breyne Act is reimbursed by the Deposit and Care Office?

After receiving the letter of release, the Deposit and Care Office will proceed with the repayment:

  • of the entire bail
  • of the partial bail
    • you will be sent a new registration certificate, with a new registration number and indication of the remaining amount

 

Solidarity guarantee under the Breyne Act

Solidarity guarantee under the Breyne Act

How do I obtain a joint bail under the Breyne Act?

Contact a financial institution, insurance company or a company recognized by the Minister of Finance to obtain the joint guarantee. One of these institutions, and not the Deposit and Care Office, is your point of contact for this guarantee.

The chosen institution draws up your guarantee deed and sends it to the Deposit and Care Office. The amount of the bail is determined by the person who has imposed the bail.

 

Where do I check whether my deed of joint bail has been registered under the Breyne Act?

Contact the financial institution, insurance company or accredited company that has sent the guarantee deed to the Deposit and Care Office. If you have an urgent case, you can only and  exceptionally  your financial institution to the Deposit and Care Office asking speedy treatment.

 

Where do I request a copy of the deed of solidarity bail under the Breyne Act?

Contact the financial institution, insurance entrepreneur or recognized company that has opened the deed to request a copy of the deed.

Also contact the financial institution, insurance entrepreneur or recognized company that has opened the deed if the number of the deed is missing or incomplete.

 

What does a bail in solidarity under the Breyne Act cost?

Contact the financial institution, insurance entrepreneur or recognized company that has opened the deed. They determine themselves the amount they charge for their services. It is these institutions that can inform you about the opening costs and the monthly management costs for outstanding files.

 

My chosen institution has opened the deed of joint bail with the Deposit and Care Office. What happens next?

bail with the Deposit and Care Office

Within five working days after receiving the guarantee, the Deposit and Care Office will send the registered deed to the financial institution, insurance entrepreneur or recognized company that has opened the deed.

The financial institution, insurance company or accredited company in turn forwards the deed to the person or government that has imposed the guarantee.

 

How long does a guarantee of solidarity under the Breyne Act remain open at the Deposit and Care Office?

A bail remains open until the Deposit and Care Office receives a release letter from the person (s) who has imposed the bail.

 

Where do I request the release of the solidarity guarantee under the Breyne Act?

Address the person (s) who have imposed the bail. It is solely for these person (s) to request the release if they wish to release the solidarity guarantee in whole or in part.

 

The person or government that imposed the bail sends the release request

  • or directly to the Deposit and Care Office
  • or to the institution that has opened the deed, which in turn sends it to the Deposit and Care Office

Upon receipt, the Deposit and Care Office will always communicate the release to the financial institution, insurance entrepreneur or recognized company that has opened the deed of joint bail.

 

How is a solidarity guarantee released under the Breyne Act?

How is a solidarity guarantee released under the Breyne Act?

According to the Breyne law, a bail in two parts is released. A first part following the provisional delivery of the good, a second part following the final delivery of the good.

 

Please note , a bail in solidarity with regard to the Breyne Act can be released in one go, when the date of the  final delivery is  stated in the release letter or when you attach a copy of the final delivery to your release letter, and this final delivery has taken place at the latest  at the time of signing  the release letter . The signing of the final delivery also means the acceptance of the works. So there should be  no comments  on the release letter or on the final delivery.

 

Is a definitive delivery required for the release of a joint bail under the Breyne Act?

Is a definitive delivery required for the release of a joint bail under the Breyne Act?

A final acceptance is required to release a joint bail in accordance with the Breyne Act. The contractor may request a release letter from the principal within 15 days of final delivery. The client agrees to this by accepting the definitive delivery.

 

I am the person or institution that has imposed the solidarity guarantee under the Breyne Act. I am not satisfied with the work or deliveries carried out. What now?

I am not satisfied with the work or deliveries carried out. What now?

If you believe that the works or deliveries have not been carried out properly, you can request a prior guarantee of solidarity. In this case you do not release the joint bail you have imposed.