Legal definition of provisional reception (Breyne Law)

1. Legal definition

Provisional reception is the legal act by which the client (the buyer or the contracting authority) accepts the works carried out by the contractor, with or without formulating reservations. Its legal basis in private construction: article 9 of the Breyne Law (law of 9 July 1971) and, more broadly, articles 1792 and 1793 of the Civil Code.

It is a bilateral act that requires the cooperation of both parties.

2. Three major legal effects

Provisional reception produces three cardinal effects: (1) transfer of risks from the contractor to the client (fire, theft, water damage post-reception); (2) starting point of the one-year warranty period between provisional and final reception; (3) partial release of the security deposit (typically 50% at provisional, the balance at final).

It is therefore a legally very weighty moment — hence the importance of not signing it lightly.

3. Distinction with final reception

Final reception (one year after provisional) definitively closes the relations between the parties for visible defects. The ten-year liability (article 1792) then takes over for serious defects.

To properly frame these two steps, get expert support.