Provisional 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 provisional acceptance?

Provisional acceptance is, first and foremost, the fact that the works have been completed and that you have moved into the property. As a result, the company can normally claim the balance of the price, and the period during which you can carry out a thorough inspection of the works begins.

What should you pay attention to at provisional acceptance?

Re-read the conditions in your contract. Most contracts provide that, at provisional acceptance, the developer "approves" the works. In other words, the works are deemed by you to have been correctly carried out and you release the company from its liability for all visible defects.

Record any defects in a written report. If you notice visible defects, faults or shortcomings, list them in a report of provisional acceptance. It must be signed by both you and the company. If the defects are minor, you can accept the acceptance subject to reservation and the company must remedy them. If the defects are major, the provisional acceptance must be postponed for as long as the problem persists.

Check whether the Breyne Act has been respected. Has the company failed to comply with certain provisions of the Breyne Act? If you want to have the contract declared void, you must do so before the provisional acceptance (before the signing of the authentic deed in the case of a sale).

Ten-year liability and provisional 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.

If the developer "approves" the works, the provisional acceptance is the start of the ten-year liability. This is provided for in most contracts.

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 provisional acceptance?

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

• A written document signed by all parties serves as proof of provisional acceptance. If you refuse the acceptance, you must give your reasons in a registered letter to the seller or contractor.
• Caution: if you live in or use the property, you are deemed to have tacitly accepted the provisional acceptance (unless proven otherwise). The same can happen if you fail to respond to a written request from the company to carry out the acceptance on a given date.
• The transfer of risks (theft, fire, …) cannot take place before the provisional acceptance of the works or, in the case of an apartment, before the provisional acceptance of the private parts.
• At least one year must elapse between the provisional acceptance and the final acceptance.
• Has the company failed to comply with certain provisions of the Breyne Act? If you want to have the contract declared void, you must do so before the provisional acceptance (before the signing of the authentic deed in the case of a sale).

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 your property manager SEBAS, we are happy to help. welkom@mysebas.be

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