Cluster info · Provisional reception

Partial provisional reception: in which cases, at what risks?

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

1. An exception, not the principle

The Breyne Law organises a single global reception of the new dwelling. The partial reception (reception by successive lots or by phases) remains the exception, admitted when the contract explicitly provides for it and the lots are legally and materially separable.

Without an express contractual clause, the buyer may refuse a request for partial reception.

2. Typical cases

Three situations justify a partial reception: (1) multi-phase development (housing subdivision delivered on different dates); (2) independent lots (parking delivered before the dwelling, or landscaped garden); (3) complex project over several years where taking possession occurs in tranches.

In these cases, each partial reception is the subject of separate minutes.

3. Risks for the buyer

The main risk: early transfer of risks on the part received (fire, water damage, theft). You must insure this part from reception, even while the rest of the works is still ongoing.

Other risk: the security deposit released pro rata, complicating follow-up. If you are confronted with a request for partial reception, our legal team assesses the risk and negotiates the conditions of the minutes.

Questions about partial reception

Can a partial reception be imposed on the contractor?

No unless the contract explicitly provides for it. It is a derogatory mode that must be consented to by both parties.

What happens to the warranty?

The one-year period runs separately for each part received. Administrative follow-up is often complex — favour a global reception if possible.