Refusing a provisional reception: under what conditions, with what risks?

1. When is refusal justified?

Refusal of provisional reception is legally justified when the defects are of such severity that the property is unfit for its intended use. This typically covers: structural defect, major waterproofing fault, non-compliant electrical installation (RGIE), fire safety problem, serious ventilation defect.

Minor defects (paint, joints, finishes) do not justify a refusal.

2. Formalising the refusal

The refusal must be: (1) reasoned point by point; (2) formalised by refusal minutes signed on the spot (or notified by registered letter within 48 h); (3) documented with supporting photos.

Without written formalisation, the contractor may invoke tacit reception if you take possession of the premises.

3. Aftermath of refusal

After a refusal, the contractor has a reasonable period (typically 30 days) to fix and reconvene. If you cannot reach an agreement, two options: justice of the peace (fast, free) or business court (on the merits).

Warning: a refusal found abusive by the court exposes you to damages (loss of use, immobilisation). Hence the importance of an expert qualification of the defects before any formal refusal.