What is the final reception and why does it matter?
The final reception is the second major legal act of the construction site, after the provisional reception. It takes place one year after the latter and marks the end of the perfect-completion warranty, the release of the second half of the 5% security deposit, and the transition to the post-reception warranty regime (ten-year, two-year, hidden defects).
It is, in a sense, the moment when the buyer definitively takes possession of their property — legally at least. Before the final reception, the contractor remains heavily bound: they must lift the reservations raised in the provisional minutes and answer for defects emerging through use. After the final reception, their obligations are limited to the special warranty regimes (ten-year, two-year).
Many buyers underestimate the importance of the final reception: it is less ceremonial than the provisional, less publicised, sometimes purely formal. This is a mistake: it is also a moment when the buyer can still refuse and block the release of the security deposit, a decisive lever if reservations remain open.
The one-year period: Article 9 of the Breyne Law
Article 9 of the Breyne Law imposes a period of at least one year between provisional and final reception for new-build properties sold under the Breyne Law regime, as confirmed by the official text published in the Belgian Official Gazette. This period is of public order: neither the contract nor the parties may derogate from it to shorten it.
Why one year? This period allows use to reveal defects not apparent on the day of the provisional reception:
- A complete heating cycle (winter and summer) testing insulation, ventilation, heating
- The seasonal moisture cycles revealing weatherproofing defects (roof, façades, terraces)
- The gradual drying of the shell that can generate shrinkage cracks
- The daily use that stresses equipment (boiler, taps, electricity)
Can the period be extended? Yes, indefinitely, at the buyer’s initiative or by agreement of the parties. If the provisional reservations have not been lifted, the buyer has every interest in postponing the final — because that is what releases the security deposit. See our cluster One-year final reception period.
“Between the provisional reception and the final reception, a period of at least one year must elapse.”
Article 9, paragraph 2, Breyne Law of 9 July 1971
The typical course of the final reception
The final reception follows a protocol similar to the provisional, but with a different objective: to check that reservations have been lifted and to record the state of the property after a year of use.
Summons. The developer or contractor summons the buyer within the month following the expiry of the one-year period. In practice, many contractors forget or delay the summons — it is then up to the buyer to initiate, by registered mail.
Contradictory visit. Buyer and contractor (and architect according to the contract) walk through the property together. Three objectives:
- Verify that each reservation raised in the provisional minutes has indeed been lifted (point by point, with supporting photos)
- List defects emerging during the year of use (hidden defects, equipment failures, abnormal deterioration)
- Record the general condition of the property after a complete use cycle
Additional documents to request:
- Reservation lifting report (with dates and invoices of interventions)
- Equipment maintenance certificates (if maintenance is contractually required)
- Certificate showing ten-year insurance is still in force
- Updated technical file if modifications occurred
Drafting the final minutes. If all reservations are lifted and no major defect appears, the minutes record final reception without reservations and authorise the release of the security deposit balance. If reservations remain, two options: final reception with reservations (rare, and legally fragile) or refusal with the security deposit kept blocked.
Release of the 5% security deposit
This is the major financial stake of the final reception. The security deposit blocked at the notary or financial institution represents a significant sum for the developer — often between €15,000 and €60,000 depending on the property.
The mechanism. On a sale price of €400,000 excl. VAT, the security deposit is €20,000. At provisional reception, €10,000 was released (50%). The remaining €10,000 stays blocked until final reception.
Three possible scenarios at the final reception:
Scenario 1 — All reservations lifted, no new defect. The final minutes record the buyer’s satisfaction. The deposit balance (€10,000) is released within the month following signature. The notarial release is issued to the contractor.
Scenario 2 — Reservations partially lifted. The minutes record the remaining reservations. The deposit is partially released: the amount corresponding to uncompleted works is retained (e.g. €3,000 retained, €7,000 released). The contractor has additional time to finish.
Scenario 3 — Major reservations not lifted or significant defects. The buyer refuses the final reception. The deposit remains entirely blocked. The contractor must lift the reservations before a new date is set. If the contractor remains in default, the buyer can have the works carried out by a third party and recover the cost from the deposit.
See our detailed cluster Breyne Law security deposit release.
Refusing the final reception: conditions and strategy
Refusal of the final reception is a powerful lever but must be wielded with judgement.
Legitimate grounds for refusal:
- One or more major reservations from the provisional minutes have not been lifted within the deadline
- Significant new defects have emerged during the year (leaks, structural cracks, equipment failures)
- The property shows a non-compliance with the specifications not detected at the provisional reception
- The contractor has not provided the documents promised in the provisional minutes (certificates, warranties, plans)
Refusal procedure. The refusal is notified in writing to the contractor, by sending them the minutes recording the grounds (registered mail with acknowledgement of receipt). It is advisable to include:
- The precise list of unlifted reservations (with previous notification dates)
- The list of new defects (with photos and description)
- A formal notice requiring repairs within a reasonable period (30 to 90 days depending on scale)
- The announcement of a new contradictory visit at expiry of this period
Effects of refusal.
- The deposit remains entirely blocked
- The perfect-completion warranty is extended until the actual final reception
- The contractor remains fully liable for reported defects
- If the contractor remains in default after formal notice, the buyer can have the works carried out by a third party at the contractor’s expense and recover the cost from the deposit
Defects emerging during the warranty year
The year separating the provisional from the final is a privileged observation period: most hidden defects emerge during this period. Here are the most frequent.
Minor structural issues. Shrinkage micro-cracks, slight plaster detachment, doors becoming loose — often due to gradual drying. Most fall under the perfect-completion warranty and must be repaired before the final reception.
Weatherproofing issues. Façade leaks during driving rain, damp spots on flat roofs, excessive condensation on windows. Ten-year regime if the leak affects normal use. To report immediately in writing to the contractor.
Equipment failures. Noisy ventilation, poorly adjusted boiler, faulty taps, deteriorating silicone seals. Two-year regime. Report before final reception to activate the warranty.
Acoustic issues. Footsteps from the upper flat, acoustic bridges between rooms, insufficient insulation against outdoor noise. Difficult to qualify (NBN S 01-400-1 standard) — a professional acoustic measurement may be needed.
EPC issues. Energy consumption abnormally high compared to the declared EPC. Difficult to attribute (responsibility shared between design, execution, use), but enforceable against the contractor if the actual measured EPC deviates significantly from the contractual EPC.
Practical method. Keep a defects log from the day of the provisional reception: date of appearance, description, photo, notification to the contractor (date of letter). This log will be your best file on final reception day and in case of subsequent dispute.
See Defects after final reception and our pillar Defects and construction flaws.
Transition to the post-reception warranty regime
Once the final reception is pronounced, the buyer enters the post-reception warranty regime. Three main warranties coexist.
The two-year warranty. Covers equipment items detachable from the shell: water heater, ventilation, taps, integrated appliances, boiler. The period runs from the provisional reception, not the final — so 1 year of coverage remains to activate.
The ten-year liability. Covers structural defects and those rendering the building unfit for its purpose. Articles 1792 and 2270 old Civil Code. The period runs from the provisional reception. For sites since 2018, mandatory insurance (Peeters-Borsus Act).
The hidden-defects warranty. Covers defects not detectable at reception. Period: 10 years from discovery of the defect (Cass.).
To this is added, for Breyne Law purchases, any residual security deposit if a portion was retained at the final reception.
Conclusion
The final reception is less ceremonial than the provisional but just as important. It definitively releases the security deposit, closes the perfect-completion warranty and marks the end of the contractor’s ongoing obligations. Well prepared, it validates a year of observation and reservation lifting. Botched, it deprives the buyer of their last financial lever.
Three reflexes: (1) keep a defects log throughout the year, (2) schedule the contradictory visit no later than 14 months after the provisional, (3) never grant final reception with major unlifted reservations — refuse and extend.