Tacit reception: under what conditions does taking possession amount to reception?

1. What is tacit reception?

Tacit reception is the presumed acceptance of the works that results from the buyer’s behaviour, in the absence of formal minutes. It rests on the unequivocal taking of possession of the property — a concept developed by Belgian case law.

It is a mechanism that protects the contractor but is a trap for the buyer.

2. Case-law criteria

Courts retain three cumulative criteria: (1) actual occupation of the property (moving in, furniture, utility hookups); (2) payment of the balance or of a substantial portion thereof; (3) absence of written reservations issued before or during the taking of possession.

Mere handover of keys is not enough. Payment alone is not enough either. It is the body of evidence that matters.

3. How to protect yourself

To avoid tacit reception: (1) issue written reservations by registered letter before any occupation; (2) do not pay the balance without signed minutes; (3) occupy under documented protest if occupation is unavoidable.

If you face an early-occupation situation (moving in, urgency), our team of legal experts drafts the prior written reservations and secures your legal position.