The handover is approaching and you’re afraid of getting it wrong
The project is nearing completion, a handover date has been set, and the pressure is building. You’ve heard of « tacit acceptance » or « implicit acceptance » without really understanding what it means for you in practice. You’re worried that signing a document, moving into the property, or simply not speaking up in time could cost you the right to claim for defects you may not even have noticed yet.
This is a legitimate concern: the handover is a precise legal moment, often poorly explained by professionals themselves, even though it directly determines your ability to assert your rights if a problem arises later.
Why this risk exists: the mechanisms at play
Implicit acceptance (or tacit handover) can be inferred from several behaviours: paying the balance in full without reservations, taking possession of the property and using it normally without ever formally recording reservations, or staying silent for a prolonged period about defects that were nonetheless visible. Courts can, in certain cases, consider these behaviours as acceptance of the works as they stand, even without a signed formal handover report.
The problem is that the line between « an apparent defect I should have spotted immediately » and « a hidden defect discovered later » isn’t always obvious to a non-professional. Many homeowners move in quickly once the works are finished, out of necessity, without taking the time to check everything methodically — which then exposes them to the risk of implicit acceptance of defects that were actually visible from day one.
What you can do now
To avoid this trap, the method is simple but must be followed rigorously:
- Arrange a formal handover visit before moving in or paying the balance, even if the contractor doesn’t suggest it themselves.
- Go through every room methodically, using a checklist for each trade (paintwork, tiling, joinery, electrics, plumbing).
- Record every defect, even minor ones, in a written report signed by both parties, with a deadline set for repairs.
- Never sign a document stating « no reservations » if you have the slightest doubt about anything.
- Have an independent professional accompany you for this visit, especially if the project was large or technical.
This support at the precise moment of handover is often what makes the difference: a professional eye spots defects in minutes that a homeowner would never have identified alone, before it’s too late to claim for them.
How an independent expert helps you
Frédéric regularly assists homeowners at the precise moment of handover, specifically to secure this decisive step. With 15 years of experience in public works and project management, he knows exactly what to look for depending on the type of project, and is familiar with the regulatory tolerances (DTU standards) that allow a defect to be objectively assessed.
During this visit, he uses his Trotec instruments to detect defects that aren’t obvious at first glance: the thermal camera immediately reveals thermal bridges or poorly insulated areas, the moisture meter detects abnormal dampness in a wall or a freshly laid screed, and the crack meter allows any existing crack to be precisely documented. All these observations are recorded in a report that supports, or directly forms, the list of reservations to be appended to the handover report.
Cassini Expertise carries out no building works itself: the sole purpose of this handover assistance is to let you sign with full knowledge of the facts, with all necessary reservations properly recorded, to fully protect your rights should a problem be discovered later.
Frequently asked questions
Can I move in before the formal handover of the works?
This isn’t recommended unless you’ve formally recorded your reservations beforehand, as occupying the property can be interpreted as tacit acceptance of the works.
What happens if I discover a defect after signing with no reservations?
Your options are more limited for apparent defects. Only genuinely hidden defects at the time of handover remain open to dispute afterwards.
How much time do I have to list my reservations?
Reservations must be formally recorded at the time of handover itself, ideally in the report signed that same day.
Can an expert accompany me just for the handover visit?
Yes, this is a common one-off service, carried out following a free quote, specifically to secure this key moment of the project.
Contact Cassini Expertise
Before signing off on your building works, get expert support to avoid any implicit acceptance of unidentified defects. Call Frédéric on 04 22 46 06 04 or contact him via /contact/ for a free quote covering Antibes and the surrounding area (06 and 83).
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