Ten-year liability and provisional acceptance

Ten-year liability and provisional acceptance
Par Karl Gheysen

Ten-year liability and provisional acceptance

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

When the project owner "approves" the work, provisional acceptance marks the start of this ten-year liability, as provided in most contracts.

If a defect appears after the approval of the work and is not covered by the ten-year liability (for example, poor acoustic insulation), you can in some cases invoke the company's liability for "minor" hidden defects.

What does the Breyne Law say about provisional acceptance?\
When the Breyne Law applies, certain specific rules are imposed for provisional acceptance, including:

  • A written document signed by all parties constitutes proof of provisional acceptance. If you refuse acceptance, you must justify it by registered letter to the seller or contractor.

  • An invitation to a provisional acceptance cannot be ignored. You are required to respond. Receiving such an invitation also gives you the right to demand provisional acceptance from that moment.

  • Attention: If you occupy or use the property, you are presumed to have tacitly accepted provisional acceptance (unless proven otherwise). This can also apply if you do not respond to a written request from the company to set a date for acceptance. It is therefore essential to always respond and justify your refusal if you do not wish to proceed with acceptance.

  • The transfer of risks (theft, fire, etc.) cannot take place before provisional acceptance of the works or, in the case of an apartment, before provisional acceptance of the private parts.

  • A period of one year must elapse between provisional acceptance and final acceptance.

  • The company has not complied with certain provisions of the Breyne Law? If you wish to cancel the contract, this must be done before provisional acceptance (before signing the authentic deed in the case of a sale).

FaQ

Frequently Asked questions