Provisional and final acceptance in Belgian public procurement

Two acceptances, with a guarantee period in between

The royal decree of 14 January 2013 setting the general rules for performing public contracts says that work is only accepted once it has passed the prescribed checks, technical acceptances and tests. Depending on the case, provisional acceptance follows performance and, when a guarantee period ends, final acceptance marks the full completion of the contract, subject to articles 1792 and 2270 of the former Civil Code for the contracts they cover (article 64). Consolidated French text read on Wallex on 31 October 2026: Royal decree of 14 January 2013, consolidated text (Wallex)

For a framework agreement with a single contractor, unless otherwise stated, the last acceptance granted for a contract based on the framework agreement counts as acceptance of the framework agreement itself (article 64). The contract’s own clauses, such as the length of the guarantee, are in the specification: Tender specification

The decree does not apply to contracts with an estimated value below 30,000 euros, except what the procurement documents make applicable. For those contracts, acceptance is set out in the order or the specification: Low-value contract

Acceptance deadlines in one table

The table gives the decree’s default rules, read on Wallex on 31 October 2026. The procurement documents may set other rules where the decree allows it.

Works: provisional acceptance

If the works are finished on the completion date set in the contract, and the results of the prescribed checks are known, a report of provisional acceptance or of refusal is drawn up within fifteen days of that date. If they finish earlier or later, the contractor informs the supervising official by registered post, or by an electronic sending that dates it equally reliably, and asks for acceptance; the report follows within fifteen days of receipt of the request (article 92, § 2).

Works found ready for provisional acceptance are presumed, until proven otherwise, to have been ready on the set completion date, or on the actual completion date the contractor gave in its sending. That date also matters for any delay: Late-performance fines

Through provisional acceptance, the buyer takes over the whole of the works. Before that, it may take possession of finished parts after an inventory of their condition, but that does not count as provisional acceptance. Once it has taken possession, the contractor no longer has to repair damage caused by use (article 91).

Works: inspection, guarantee period and final acceptance

Article 92 of the decree also sets how the works are inspected and what follows provisional acceptance:

• The inspection takes place with the contractor present, or duly summoned by registered or electronic sending at least seven days before (article 92, § 4).
• If the weather prevents the condition of the works from being recorded during the fifteen days, a report records it and acceptance follows within fifteen days of the end of that impossibility. The contractor cannot rely on the weather to avoid presenting the works.
• The works only count as finished once the contractor has removed all storage, obstruction and changes to the site caused by the work.
• The guarantee period starts at provisional acceptance; without a clause it is one year (article 92, § 2).
• A report of final acceptance or of refusal is drawn up within the fifteen days before the guarantee period ends. After a refusal, the contractor reports by registered or electronic sending that the works are ready, and acceptance follows within fifteen days (article 92, § 3).
• Non-compliant or poorly performed works are demolished and rebuilt by the contractor, otherwise by the buyer at the contractor’s expense (article 92, § 1).

Supplies: provisional acceptance, guarantee and final acceptance

When the thirty-day period from delivery has passed, a report of provisional acceptance or of refusal is drawn up (article 129). The procurement documents may provide for a double acceptance, partial at the place of production then complete at the place of delivery (article 130), or a complete acceptance at the place of delivery (article 131): the buyer then has thirty days, or sixty days if a laboratory is involved.

A request for acceptance is void if the supplies are not ready to be accepted or the quantities presented are clearly lower than announced (article 128). Refused supplies are removed by the supplier within fifteen days of the notice of refusal (article 131, § 2). The buyer becomes the owner as soon as they are accepted for payment (article 132).

The guarantee period starts at provisional acceptance and is one year without a clause (article 134). Final acceptance takes place when it ends and is implied if the supplies gave rise to no complaint; otherwise a report is drawn up within the fifteen days before it ends (article 135).

Services: one acceptance, final in principle

When the buyer has the list of services performed or the invoice, and the end of the services has been recorded as the procurement documents provide, it checks, carries out acceptance and notifies the result. The check takes place within the thirty-day processing period following the recorded end of the services (articles 156 and 160). If the services end earlier or later than planned, the provider reports it by registered or electronic sending and asks for acceptance.

Unless the procurement documents say otherwise, that acceptance is final (article 157). Payment follows within the same processing period: Payment terms

What depends on acceptance

Three rules of the decree run from the acceptance date:

• The performance bond: for works with two acceptances, released in two halves, after provisional acceptance of the whole then after final acceptance, less any sums owed; with a single acceptance, in one go (article 93). For supplies, in one go after provisional acceptance of the whole (article 133); for services, after acceptance of all the services (article 158). The guide: Performance bond
• The guarantee: any damage found during the guarantee period is recorded in a dated report signed by the supervising official, drawn up before the period ends and notified to the contractor at the earliest within thirty days of the finding. A replaced product gets a full new guarantee period (article 65).
• Requests for revision or damages based on a review clause: on pain of forfeiture, the costed justification is sent in writing no later than ninety days after notification of the provisional acceptance report (article 38/16). Price revision: Price revision

What a small business checks before bidding

These points follow from the articles cited. They do not replace reading the specification of the contract concerned.

1. Read the length of the guarantee period in the specification: one year only if nothing is written.
2. Note the prescribed technical acceptances and tests: without their results, the fifteen-day period does not run.
3. Plan to clear the site within the deadline: works still cluttered are not finished.
4. Send the acceptance request by registered post or dated electronic sending when the work finishes on a date other than planned.
5. Note the date the provisional acceptance report is notified: it opens the ninety days for a revision or damages request.

What AOEX does and does not do

AOEX reads TED notices and public e-Procurement notices. When a published contract is open, the bid kit reads the published documents, including the acceptance and guarantee clauses, and dictates the fields of the reply: Bid kit The terms are also in the glossary: Glossary

AOEX takes no part in the acceptance of a contract, disputes nothing with the buyer, does not submit the bid and does not say who will be chosen. This page is not legal advice. The texts to follow remain the royal decree, the law of 17 June 2016 and the procurement documents: Guide to the law of 17 June 2016

Frequently asked questions

How soon must the buyer carry out provisional acceptance of works?

Within fifteen days of the completion date set in the contract if the works are finished on that date, or within fifteen days of the contractor’s request if they finish earlier or later, provided the results of the prescribed checks are known. A report of provisional acceptance or of refusal is then drawn up (article 92, § 2, of the royal decree of 14 January 2013, French text read on Wallex on 31 October 2026).

How long is the guarantee period?

The period set by the procurement documents. If they say nothing, it is one year, for works as for supplies. It starts on the date provisional acceptance is granted (articles 92, § 2, and 134).

Does taking possession of the works count as provisional acceptance?

No. Article 91 says that the buyer taking possession of all or part of the works cannot count as provisional acceptance. From that moment, however, the contractor no longer has to repair damage caused by use.

When is the performance bond released?

For works with two acceptances, in two halves: after provisional acceptance of the whole, then after final acceptance (article 93). For supplies, in one go after provisional acceptance of the whole (article 133); for services, in one go after acceptance of all the services (article 158), unless the contract says otherwise.

Does a services contract have two acceptances?

In principle no. Unless the procurement documents say otherwise, acceptance of a services contract is final (article 157). It takes place within the thirty-day processing period that follows the recorded end of the services (articles 156 and 160).

Does AOEX organise the acceptance of a contract?

No. AOEX reads TED notices and public e-Procurement notices and helps read the published documents, including the acceptance and guarantee clauses of the specification. AOEX takes no part in acceptance, disputes nothing with the buyer, does not submit bids and gives no legal advice.

Sources

Royal decree of 14 January 2013 setting the general rules for performing public contracts, articles 38/16, 64, 65, 91 to 93, 128 to 135, 156 to 158 and 160, consolidated French text read on Wallex on 31 October 2026: Royal decree of 14 January 2013, consolidated text (Wallex) Justel: Royal decree of 14 January 2013 (Justel)