Cluster info · Defects & construction flaws

Visible defects in construction: legal regime and remedies

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

Visible and hidden defects follow opposite regimes. Everything plays out at the reception: what you record, or what you let through.

1. What is a visible defect?

A visible defect is a defect visible at reception without requiring in-depth technical investigation:

Visible cracks, defective paintwork
Detached skirting boards, floors that sound hollow
Leaking taps, doors that catch
Poor visual finishes

If you do not record it in the minutes of provisional reception, you are legally deemed to have accepted it.

2. How to protect yourself

The golden rule: record every reservation in the minutes, even for minor defects. The list of reservations is binding: the contractor must clear them within the deadline (typically 60 days).

If the contractor contests or refuses, record unilaterally and confirm by registered mail within 8 days.

3. Remedies in case of non-clearance

If the contractor does not clear the reservations:

Formal notice within 30 days.
Activation of the Breyne Law security deposit to bring in a third party.
Court action before the court as a last resort.

Our construction defects expertise supports you in pre-reception and in the minutes — no visible defect is overlooked.

Visible defects questions

Is a crack discovered 1 month later considered visible?

No, if it was not visible at reception. It then falls under hidden defects or the warranty of perfect completion (1 year). See hidden defects.

What if the contractor refuses to record the reservation?

Record it unilaterally on the minutes with your signature. Send the minutes by registered mail within 8 days. The reservation remains valid even if contested.