In Belgium

Provisional acceptance (reception provisoire / voorlopige oplevering) is the formal act by which a building client acknowledges that construction or renovation works have been substantially completed. It marks a critical legal milestone, transferring certain risks and starting warranty periods.

Legal nature. Provisional acceptance is not explicitly regulated by the Civil Code but is a well-established practice confirmed by case law and typically governed by the construction contract.

Two-stage process. Belgian construction practice distinguishes:

  1. Provisional acceptance — acknowledgement of completion, with noted reservations
  2. Definitive acceptance — typically 1 year later, confirming all reservations have been addressed

How it works

Inspection. The client (often with their architect) inspects the completed works. Any visible defects or unfinished items are recorded as “reservations” in the acceptance report.

Reservations. The contractor must remedy all noted reservations within a specified period. Items not noted at provisional acceptance are deemed accepted for visible defects.

Effects of provisional acceptance:

  • Risk of loss transfers to the client (e.g. accidental damage)
  • The contractor’s liability for visible defects is limited to noted reservations
  • The warranty period for hidden defects begins
  • The one-year period before definitive acceptance starts

Definitive acceptance. After the warranty period (usually 1 year), the definitive acceptance confirms all works are satisfactory. This triggers the start of the 10-year decennial liability period for structural defects.

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Warning
Never sign the provisional acceptance report without a thorough inspection. Visible defects not noted at this stage are very difficult to claim later. If you lack technical expertise, hire an independent architect or building expert to attend the inspection with you.

Practical example

A landlord commissions a bathroom renovation (12,000 EUR). At provisional acceptance, the architect notes 3 reservations: uneven tiling, a leaking shower drain and missing silicone joints. The contractor has 30 days to remedy them. One year later, at definitive acceptance, all reservations are resolved. Two years later, a hidden defect appears (defective waterproofing membrane). The landlord files a claim within the 10-year decennial liability period.