Final acceptance of construction or renovation works

At the acceptance of the works the developer declares that they accept the construction or renovation without reservation. Acceptance is an important milestone: it marks the end of the construction site and proves that the contractor has fulfilled their obligations.

Acceptance happens in two stages: a provisional acceptance and a final acceptance. If the Breyne Act applies, this two-stage acceptance is mandatory.

What is final acceptance?

With final acceptance you acknowledge, after a certain period, that the works have been properly carried out. As a result:

• the company is released from its liability for any visible defects (except those you reported at the time of acceptance or those that compromise the stability of the building);
• the company's ten-year liability begins (liability for 10 years for defects that compromise the stability of the building or any of its essential parts).

Ten-year liability and final acceptance

For a period of ten years, the company is liable for defects that compromise the stability of the building or any of its essential parts. This period is called the ten-year liability.

In theory, the ten-year liability starts from the final acceptance. In practice, many contracts provide that the developer "approves" the works at a provisional acceptance. In other words, the provisional acceptance marks the start of the company's ten-year liability. So check carefully what your contract says and ask for clarification if needed.

Does a defect appear after the approval of the works that is not covered by the ten-year liability (e.g. inadequate sound insulation)? In some cases you can rely on the company's liability for "minor" hidden defects.

What does the Breyne Act say about final acceptance?

If the Breyne Act applies, certain rules apply to final acceptance, including:

• A written document signed by all parties serves as proof of final acceptance. If you refuse the acceptance, you must give your reasons in a registered letter to the seller or contractor.
• Caution: if you fail to respond to a written request from the company to carry out the acceptance on a given date, you may be deemed to have tacitly accepted the final acceptance (unless proven otherwise).
• Final acceptance can only take place after a period of at least one year following the provisional acceptance. In an apartment building, the final acceptance of the common areas must take place before the final acceptance of the private parts, so that habitability is guaranteed.

Problems building your home?

Visit the page "Building or renovating a home" on ConsumerConnect.

Questions or need support?

Feel free to ask your further questions to property manager SEBAS, we are happy to help. welkom@mysebas.be

Source: economie.fgov.be — Final acceptance of construction