Provisional acceptance vs final acceptance: what is the difference?
During the construction or renovation of a home, two major legal steps occur: provisional acceptance and final acceptance. Although they are often mentioned together, each serves a distinct role in the construction process and has different legal implications.
Provisional Acceptance
Provisional acceptance is the moment when the contractor declares that the work is finished and the property is ready to be occupied. This is usually the first official inspection, during which the buyer or project owner examines the building with the contractor to detect any visible defects.
- You generally receive the keys to the property
- An acceptance report is drawn up, listing all remarks and defects found
- The contractor remains responsible for repairing the defects mentioned within a reasonable period
- From this moment, the period during which you can discover and report hidden defects begins
- The transfer of risks (fire, theft, damage) takes place in favor of the buyer
- Any compensation for rental loss ceases, unless the common areas have not yet been accepted
A thorough inspection is crucial here. Anything not observed or noted becomes difficult to claim later. At EXXPERT, we even check for scratches on the glass: you often only see them when the sun hits, but we detect them in advance so they are covered by provisional acceptance. If you do not report them, they may be considered as caused during cleaning, and the seller/promoter/contractor will refuse any repair.
Final Acceptance
Final acceptance takes place about one year after provisional acceptance. It allows you to check whether all previously reported defects have been corrected and if there are any new problems.
- Confirms that the building is delivered according to commitments
- Legally closes the acceptance phase
- From this moment, it is no longer possible to report new defects, except for serious defects falling under the ten-year liability
- The guarantee (such as a bank guarantee) can then be released
Legal Scope
- Provisional acceptance constitutes a conditional acceptance of the work
- Final acceptance represents a complete and final acceptance
- Only serious defects (such as stability or waterproofing issues) can still be invoked after final acceptance
A correct and well-documented provisional acceptance is therefore essential to preserve your rights. Be accompanied by an expert who knows what to check and who defends your interests, both legally and technically.





