Reception reservations: typology, wording and lifting

Provisional reception reservations are the only mechanism that guarantees the buyer that defects detected on D-day will actually be remedied. Poorly worded, they become contestable; properly worded, they impose on the contractor a contractual obligation whose failure triggers the Breyne Law security deposit (Article 12) and all associated remedies. Understanding the typology of reservations, their enforceable wording and the lifting deadlines is therefore one of the most rewarding skills for a buyer. This page summarises the three types of reservations, the legally sound format, and the remedies in case of non-performance.

Three types of reservations depending on severity

Belgian practice of provisional reception distinguishes, by usage and case law, three main categories of reception reservation types, each with its own deadline and lifting regime.

The minor reservation refers to a finishing defect that affects neither solidity, nor waterproofing, nor use: paint touch-up, silicone joint to redo, missing accessory (handle, switch plate), insufficient site cleaning, plaster traces on joinery. It does not prevent taking possession and is typically lifted within 30 to 45 days. Its wording is nonetheless essential: an aesthetic defect not noted in the minutes is legally deemed accepted.

The major reservation covers a technical defect requiring significant intervention: localised waterproofing of a roof terrace, undersized ventilation, equipment not installed (radiator, sanitary fitting), partial electrical compliance. Use of the property remains possible but with inconvenience. Typical lifting deadline: 60 to 90 days, sometimes 120 days if parts must be ordered or a subcontractor brought in.

The blocking reservation corresponds to a defect that makes the property unfit for its intended use: absence of hot water, widespread roof leak, electrical non-compliance preventing power-on, serious EPC non-compliance. In that case, what is needed is no longer a reservation but a reception refusal (see reception-provisoire/refus). The boundary between major and blocking is the subject of heated discussions on the day of the minutes — hence the value of an independent expert.

A standard reception minutes document for a new Belgian house generally contains 30 to 80 reservations including 5 to 15 major ones. That’s normal: reception is precisely designed to spot them.

Drafting an enforceable reservation: the five elements

A legally solid reservation wording rests on five cumulative elements:

1. Precise location: room, wall, position in centimetres or metres from a stable reference (« south wall of the living room, 1.20 m from the floor, 80 cm from the east corner »). A vague location (« in the living room ») weakens the reservation.
2. Nature of the defect: objective and measurable description, no subjective adjectives. « Vertical crack 1.2 mm × 38 cm » rather than « big crack »; « flatness deviation 8 mm on a 2 m straightedge » rather than « bad floor ».
3. Numbered photo annexed to the minutes, with a ruler, tape measure or reference object in the frame for scale. EXIF timestamp preserved.
4. Expected remediation: « redo the silicone joint over its entire length », « install a radiator complying with specifications page 12 », « localised waterproofing repair with water test ».
5. Lifting deadline: explicitly stated in the minutes, distinct depending on the nature of the reservation.

A reservation reading « painting to redo » or « see detail » is legally weak: the contractor can contest its scope. Enforceable minor and major reservations, on the other hand, leave no room for interpretation.

Case study: 47 reservations on a turnkey villa

A representative file followed by the firm: detached villa, received in May 2025. Minutes drawn up jointly with an expert: 47 reservations in total, of which 8 major (terrace waterproofing, kitchen ventilation, missing network socket in the office, etc.) and 39 minor (paint touch-ups, joints, finishes).

Lifting deadlines set in the minutes: 30 days for minor ones (effective lifting at T+28), 75 days for major ones (partial lifting at T+90, registered letter sent). Partial activation of the 5% security deposit for the waterproofing defect not lifted at T+120 — unlocked after adversarial expert review at T+150.

Outcome: all reservations lifted within 6 months, no litigation, full preservation of the relationship with the contractor. Without enforceable reservations, the buyer would typically have obtained 50 to 60% lifting — the rest « slipping through the cracks » for lack of contractual pressure.

Pitfalls in wording

• Oral reservations not transcribed into the minutes: legally non-existent.
• Vague wording: « finishings to be redone » is unenforceable.
• No photo: evidence compromised at the first dispute.
• No deadline: lets the contractor stall indefinitely.
• Mixing up reservation and ten-year liability: visible defects not lifted fall under the warranty of perfect completion (1 year), not the ten-year liability.
• Signing minutes without re-reading: once signed, any omitted defect is deemed accepted.

Lifting reservations and remedies for non-performance

The lifting is formalised by a adversarial lifting minutes signed by both parties: each reservation in the initial minutes is either accepted as lifted or carried over. See reception provisoire levee reserves for the full procedure.

In case of non-lifting within the deadline, the effective sequence is:

1. Registered formal notice (15 days to perform) — see formal notice to contractor.
2. Adversarial report or independent expert assessment.
3. Activation of the 5% security deposit (Article 12 Breyne Law) via the guaranteeing bank.
4. Court action if necessary — see construction dispute.

For legally airtight reservations on D-day and methodical follow-up of lifting, the firm Mon Etat Des Lieux offers its provisional reception expert service or a Breyne Law support covering the entire sequence. Request a free quote within 24h — it’s the most rewarding investment in the new-build purchase chain.