Acceptance of works in the construction industry

The reception of the work is a decisive step in a construction or renovation project. How is it going? What are the consequences if defects are discovered? Here are some elements to better understand it and ensure that the site meets the expectations of the project owner.

Definition of the reception of works

The reception of the work constitutes the act by which the customer accepts the work, with or without reservations. Mandatory for all work, it marks the start of legal guarantees and insurance coverage. It involves the drafting of a report of acceptance of the work.

The different types of work acceptance

The reception of the work can be done in different ways depending on the circumstances and the agreements between the parties. Here are the different types of reception you may encounter.

The standard reception

This method is the most common. Stakeholders Inspect the work together and draw up a report, signed by the project owner and the contractor. The document mentions any reservations expressed by the project owner.

The tacit reception

Tacit reception occurs in the absence of formal minutes. She is recognized if the project owner clearly expresses his intention to accept the work. Simply taking possession is not enough to demonstrate this acceptance. Important points to note:

• The project owner cannot invoke tacit acceptance if he has not paid for all the work and refuses to sign the certificate of completion of work.
• A change of company during construction does not automatically constitute a tacit reception.
• The project owner cannot assume a tacit reception without officially inviting the contractor to the inspections.

Judicial reception

In case of disagreement, one of the parties may request judicial receipt. A judge then officially declares the work received, with or without reservations.

This procedure must meet certain criteria. For example, the refusal of work should not be justified by multiple defects. The book must be in a condition that allows it to be used for its intended purpose.

When should the reception be organized?

The acceptance of the work is carried out at the end of the site. when construction is fully completed. It is carried out when the company no longer needs to intervene and when the contracting authority considers that it has fulfilled all its obligations. The report is generally drawn up when the keys are handed over.

How do I organize the reception?

Receiving the work is therefore an essential step to ensure that everything is in line with expectations. Here's how to organize it effectively and methodically.

The parties that must be present

To organize the reception of works, it is first essential that The sponsor be present. It is the person in charge of validating the minutes between themselves and the companies concerned. No one else can do this task. The presence of business representatives who carried out the work is also necessary to discuss and validate any observations.

The time to expect for the reception visit

The reception visit should be methodical and thorough. Allowing enough time to inspect every detail of the construction site is essential. Two scenarios may arise at the end of this visit:

1. Reception without reservations: if no defect is detected, acceptance is declared unreservedly.
2. Reception with reservations: if defects are detected, they must be recorded in the report as apparent defects. Two options are then available to the project owner:

• Refuse receipt and postpone the date amicably with the company.
• Accept the reception with reservations, specifying the problems and the deadlines for resolution in the minutes, communicated by registered letter to the company.

The project owner has eight days after receipt to report other defects by registered letter. After this period, unreported apparent defects may not be taken into account for repair. If you are assisted by a professional during the visit, this deadline does not apply. In the 30 days following the end of the work, a Declaration of completion of work must be sent to the town hall of your municipality.

The equipment to be provided

For an effective reception, equip yourself with the following equipment:

• Enough to note remarks and observations.
• A mobile with a camera to document any defects visually.
• A rangefinder and a level to check dimensions and tolerances.
• Contractual and technical documents for reference (plans, CCTP, etc.).
• A flashlight for inspecting areas with less light.

The process of receiving the work

Here are the steps to follow to ensure an efficient and unsurprising reception.

Detailed inspection of the structure

Upon receipt, a thorough inspection of the structure is carried out. It is essential to check that the work complies with established agreements with the contractor. This inspection should include a thorough review of every detail:

• The proper functioning of the equipment (faucets, electrical installations, etc.),
• The quality of the materials and the finishes.

Hiring a building professional can be a good idea to ensure that no detail is overlooked.

Rating of possible reservations

If defects, unfinished or non-compliant work are found, they must be noted as reserves on the receipt report. These reservations, called apparent defects, must be accurately described to allow for rapid assessment and resolution.

Signature of the acceptance report

After the inspection and evaluation of any reservations, The acceptance report is drawn up. This document must be dated and signed by all parties present: the project owner (or his representative) and the company representatives. Each party should receive a copy of the minutes.

Agreement on deadlines for lifting reservations

In case of reservations, it is essential to set deadlines for their lifting with the project owner or his representative. They must be mentioned in the report and confirmed by registered letter with acknowledgement of receipt. This ensures that corrections will be made in a timely manner.

The consequences of the reception

The reception of the work has important implications. Here's what happens depending on whether the reception is pronounced with or without reservations.

In the event that the reception is pronounced without reservation

When the acceptance of the work is declared unreservedly, this means that the contracting authority accepts work carried out without identifying anomalies.

This acceptance puts an end to the company's mission. From that moment on, custody of the construction site is transferred from the builder to the project owner. It is also at this time that they start to run legal construction guarantees :

• Guarantee of perfect completion: valid for one year, it requires the company to correct all reported defects.
• Guarantee of good functioning (biennial): this guarantee requires the contractor to remedy, within two years, disorders affecting equipment that can be separated from the structural work.
• 10-year warranty: valid for ten years, it covers damage that compromises the solidity of the structure or makes it unsuitable for its intended purpose.

In the event that there are visible disorders but the report is signed

If defects are visible upon receipt but the report is still signed, these defects must be mentioned explicitly in the report. The entrepreneur is then required to correct these defects within the agreed time.

This mention of the disorders in the report ensures that the company will return to the site to remedy the problems reported.

La construction site delivery is effective once the defects have been repaired. A minutes of Withdrawal of reservations is then completed, confirming the conformity of the work and the final acceptance of the work. This document can be attached to the first report or written separately.

In the event that repairs require the signature of the PV

If the project owner considers that the contract was not respected, he may refuse to accept the work. Several reasons can justify this refusal:

• Too many defects observed,
• Elements provided for in the estimate have not been produced,
• Defects prevent the proper functioning of the property,
• The work does not comply with current standards.

Entry to the premises is then postponed, and a balance of 5% of the total payment may be suspended until repairs are done. It is then desirable to reach an amicable agreement for the period of time given to the company to make the corrections.

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