Provisional reception case law: the key decisions to know
1. Cassation and Breyne Law nullity
The leading ruling remains Cass., Mons 22 March 2019 which confirms that the nullity of the contract for failure to hand over the security deposit certificate (article 12 Breyne Law) can be invoked by the buyer even years later, as long as the final reception has not taken place.
This case law remains a powerful tool against a defaulting developer.
2. Tacit reception: a strict framework
The courts of appeal (notably Liège and Brussels) have clarified the conditions of tacit reception: there must be an unequivocal taking of possession (effective occupation, payment of the balance, absence of reservations raised). The mere handover of keys is not sufficient.
A recent ruling of the Brussels court of appeal (2024) refused tacit reception for lack of payment of the balance, even after 18 months of occupation.
3. Abusive refusal: rising sanctions
Recent trend: the courts sanction abusive refusal of reception with damages (loss of use, immobilisation of the worksite). The contractor must prove the manifestly disproportionate character of the reservations raised by the buyer.
To assert your rights or assess a jurisprudential risk, our team of architect-lawyers analyses your file in light of recent decisions.