Cluster info · Provisional reception

Reception of common areas in co-ownership: who signs, who decides?

photo auteur

By Edouard Hennin, Provisional reception expert Published on 27 May 2026 Updated on 27 May 2026 6 min read

1. The provisional manager signs first

In a new building, the provisional building manager (often directly appointed by the developer) signs the provisional reception of the common areas. This signature legally binds all current and future co-owners.

Hence a risk: leniency of the manager towards the developer. Co-owners have every interest in participating actively and demanding detailed minutes.

2. Transfer to the co-owners’ association

As soon as the co-owners’ association is set up (usually after the first general meeting), it becomes the legal entity competent to exercise the rights attached to the common areas.

The association can then: (1) appoint a new manager; (2) activate the Breyne Law security deposit for unresolved defects; (3) bring an action before the court on behalf of all co-owners.

3. Individual rights of a co-owner

Each co-owner may attend the reception of the common areas (subject to a prior written request), consult the minutes and notify the manager in writing of defects affecting their unit.

To defend the co-owners’ interests against an uncooperative developer, our expert team intervenes during pre-reception to produce a detailed adversarial inventory.

Questions about common-area reception

What if the provisional manager is too lenient with the developer?

Once the co-owners' association is established, you can appoint a new manager and pursue remedies for defects not noted in the original minutes.

Which defects fall under the common areas?

Roof, facades, lobby, lift, shared parking, common ventilation, exterior waterproofing, rainwater downpipes. Defects within your private unit remain your individual responsibility.