Why a period exists
The reason is simple and technical.
Some defects only reveal themselves in use. New works pass through a cycle of seasons, undergo variations of temperature and humidity, and bear real occupation. Those stresses reveal what a visit does not show.
The period therefore turns acceptance into a process rather than an instant. The client tests before finally acknowledging proper execution.
Provisional acceptance records completion. Final acceptance acknowledges proper execution. The period separates the record from the acknowledgment.
The rule under the Breyne Act
Where the act applies, the period is not negotiable. It is fixed by the text itself.
Final acceptance may take place only after one year has elapsed since provisional acceptance.
An additional condition applies in multi-occupancy buildings: final acceptance presupposes that final acceptance of the common parts, including accesses, has already taken place, such that normal habitability is ensured.
That condition is structural in co-ownership. A flat purchaser cannot obtain final acceptance of their property while the common parts have not obtained it, which can delay their own timetable regardless of the quality of their unit.
Outside the Breyne Act
Freedom of contract returns as the rule, with its risks. The period is then negotiated in the contract.
The one-year period is a widely followed practice, including outside the act's scope, but it is not then imposed.
Three configurations occur.
A contractual period of one year, aligned with practice.
A shorter period, which reduces the testing period and hence the client's protection.
No period provided, leaving the question open and leading to disputes about when final acceptance may be requested.
The practical rule: write the period, even where practice is followed.
| Situation | Length of the period | Source |
|---|---|---|
| Under the Breyne Act | Fixed by the text, not negotiable | Statutory provision |
| Outside the Breyne Act | Fixed by the contract | Freedom of contract |
| No stipulation | A source of uncertainty and dispute | None |
What to do during the period
Four actions determining the usefulness of the period. They are carried out between the two acceptances.
Occupy and use normally. Unoccupied works reveal nothing, and a period elapsed without real use loses its point.
Record each defect in writing, with its date and where possible photographs.
Report without waiting for the period to end. A defect found in the third month and reported in the eleventh suggests it was tolerable.
Check the seasonal points. Weathertightness and drainage are tested in heavy rain; heating and condensation in cold weather; summer comfort in hot weather. A one-year period covers the whole cycle, which is precisely its rationale.
The link with reservations
A point of connection that avoids a common error. The guarantee period is not the ten-year period.
Reservations made at provisional acceptance must be lifted before final acceptance. The contractor must remedy the defects notified, covered in the article on reservations and their lifting.
The testing period is therefore not merely passive observation, it is also the time for carrying out remedial work.
What this means for a professional
Four rules.
Write the period into the contract, even where it matches practice.
Inform the client of the condition on common parts, in co-ownership, since it governs their own timetable.
Organise a mid-point review, rather than waiting for the deadline to discover a list of defects.
Record findings as they arise, the evidential value of a dated record being incomparable with recollection.
This article reflects the position of the rules at the date of checking and serves professional orientation. It does not constitute legal advice and does not replace assessment of the individual case.