Provisional Acceptance

The First Handover

In the Dutch construction world, the completion of a building is rarely a single event. It is a two-stage process, beginning with the voorlopige oplevering (provisional acceptance or delivery). This is a formal, scheduled event where the contractor presents the 'finished' work to the client. The client, often accompanied by an architect or inspector, conducts a thorough walk-through of the entire project to identify any remaining issues, defects, or incomplete items. These findings are meticulously documented on a list, known as a proces-verbaal van oplevering. By signing this document, the client officially accepts the building, but this acceptance is conditional upon the contractor fixing the noted defects.

The Legal and Practical Shift

The provisional acceptance is a moment of significant legal transfer. From this point on, the risk and responsibility for the building (e.g., insurance against fire or storm damage) typically pass from the contractor to the client. It also marks the official start of the 'maintenance period' (onderhoudstermijn), a contractually agreed-upon timeframe (often six months) during which the contractor must resolve all the issues documented on the list of defects. While it allows the client to take possession of the building, it is a phase fraught with potential conflict, as the client's leverage to get minor issues fixed is entirely dependent on the contractor's willingness to complete their final obligations in a timely manner.