Cluster info · Provisional reception

Abusive refusal of provisional reception: what risks for the buyer?

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By Edouard Hennin, Provisional reception expert Published on 27 May 2026 Updated on 27 May 2026 5 min read

1. What is an abusive refusal?

An abusive refusal is a refusal of reception that is manifestly disproportionate compared to the actual seriousness of the defects. The central criterion: was the property fit for its intended use at the time of reception?

If so, the buyer’s refusal may be qualified as abusive, even if some secondary defects existed.

2. The sanctions incurred

An abusive refusal exposes the buyer to: (1) custody fees for the property by the contractor; (2) late-payment interest on the unpaid balance; (3) loss of commercial use if the contractor demonstrates a prejudice; (4) more rarely, moral damages.

Amounts range from a few thousand to several tens of thousands of euros depending on the duration of the dispute.

3. How to protect yourself

Before refusing, have an independent expert qualify the seriousness of the defects. If the expert confirms that the property is unfit for its intended use, the refusal is legally sound.

Our team of architect-lawyer experts qualifies each defect and secures your decision — a sound refusal or well-phrased reservations are always better than a dispute.

Questions about abusive refusal

How do I know if my refusal risks being qualified as abusive?

If the defects are essentially finishes (paint, joints) or do not compromise the use of the property, your refusal is legally fragile.

What compensation can the contractor claim?

Custody fees for the property, late-payment interest on the balance, loss of commercial use, even moral damages depending on the context.