The five effects
| Effect | Practical consequence |
|---|---|
| Record of completion | the date of the works is fixed |
| Transfer of risk and custody | theft, fire and damage pass to the client |
| Cover of unreserved patent defects | what is not noted can no longer be claimed |
| Opening of the testing period | the period before final acceptance begins |
| Financial effects | balance falls due and guarantees are partly released |
The second and third are the costly ones. They occur immediately and without further formality.
Transfer of risk
The most concrete and immediate effect.
From provisional acceptance, risk and custody of the works pass to the client. Theft, fire, water damage and other losses cease to be the contractor's responsibility.
Transfer cannot occur before provisional acceptance, which protects the client during construction. In multi-occupancy it is assessed at the level of the private parts.
The insurance consequence is immediate: the client must have cover in place before signing, not after moving in.
Cover of patent defects
The effect with the heaviest long-term consequences. It concerns cover for apparent defects.
Defects visible on ordinary inspection must be noted in the certificate. Failing that, they are deemed covered by acceptance and can no longer be claimed.
Typically concerned are finishing defects, visible faults and apparent non-conformities. They must therefore be recorded before acceptance.
Two categories escape that covering effect.
Latent defects, undetectable on careful and thorough examination by a normally prudent person, which appear in use.
Serious defects within ten-year liability. That regime being of public policy, the client cannot validly waive reliance on patent defects that later manifest as defects affecting soundness.
These distinctions are developed in the article on the layered liability regimes. Their respective durations are compared there.
The start of guarantees
The most debated effect, covered in the article on provisional and final acceptance. Sources diverge there and case law settles the point.
The essential reminder: provisional acceptance starts the ten-year period only if the contract gives it an effect of approval. A clause bringing the start forward without stating that provisional acceptance amounts to approval is fragile.
It does, however, open the testing period leading to final acceptance in every case.
Financial effects
Three consequences the client must anticipate. They arise from the signature of the record.
The balance falls due, as the contract provides, acceptance recording completion.
Guarantees are partly released, part of the security generally being released at this stage and the remainder at final acceptance.
Delay penalties stop, the date of acceptance fixing the end of the contract period.
Those effects make the date of acceptance contested, each party having an opposing interest in advancing or delaying it.
Precautions before signing
Four points to check, developed in the article on preparing a provisional acceptance. The list is given there in order.
Insurance is in place, since risk shifts immediately.
Reservations are listed exhaustively, since what is not listed is covered.
The certificate is written and agreed between the parties, the only form proving acceptance under the Breyne Act.
What the contract says about approval is known, since it determines when guarantees start.
What this means for a professional
Four rules.
Do not let the client occupy before acceptance, occupation amounting to tacit acceptance unless proved otherwise.
Check insurance cover before the date, not after.
Devote the time needed to recording reservations, a rushed acceptance costing more than a thorough visit.
Read the contract's approval clause before advising on the consequences of signing.
This article reflects rules and case law at the date of checking and serves professional orientation. It does not constitute legal advice and does not replace assessment of the individual case.