After weeks or months of dust and noise, the contractor calls: the work is finished, can you come and take a look tomorrow? That moment is called the oplevering (handover), and legally it is the most important moment of the whole renovation. From the handover, the risk of the work passes to you, the period for reporting defects starts running, and anything you did see but did not have recorded counts as accepted. If you rush the handover with a quick walk through the house and a signature, you give up rights that may later be worth a lot of money. In this article you can read what handover means under the law, how to organise it properly, what you may withhold from the final payment, how hidden defects and guarantees work, and you get a twenty-point checklist to go through room by room.
What handover means legally
The rules on construction contracts are set out in Title 12 of Book 7 of the Burgerlijk Wetboek (BW, the Dutch Civil Code). Article 7:758 provides that the contractor notifies you that the work is ready to be handed over, and that you then inspect the work. If you accept the work, whether or not subject to the repair of defects, it has been handed over. If you do not inspect the work within a reasonable period and do not reject it either, stating the defects, the work is deemed to have been tacitly accepted. So not responding to the invitation is no way to postpone the handover.
Three things happen at the same time at the handover. First, the risk passes: if the house burns down the day after the handover, that is your loss and not the contractor's. Second, the contractor is released from liability for defects that you accepted at the handover or should have noticed; for consumers that last rule changed substantially in 2024, more on that below. Third, the final payment instalment usually becomes due. That is why the handover is not a formality but an inspection, and anyone inspecting needs to know what to look for.
The official handover report
Agree a fixed time with the contractor and set aside plenty of time for it, easily a few hours for a complete renovation. Schedule the handover in daylight; you will not see defects in plasterwork, paintwork and tiling under artificial light. Bring a good torch to cast raking light along walls and ceilings, a spirit level, a tape measure and a phone for photos. For a large renovation, consider bringing an independent building inspector; they know the standards and see what you overlook.
Everything you find goes into the proces-verbaal van oplevering (official handover report), also called the opleveringsrapport or snagging list. For each point, note the room, the element, what is wrong and, if possible, a photo. Also include points you are unsure about or on which the contractor disagrees with you, with their comment added. For each point, write down when it will be repaired; a repair period of a few weeks is common, depending on delivery times. Both parties sign the report and receive a copy. Without a signed report you are empty-handed in a dispute: it is then your word against the contractor's.
If the work is still so unfinished that it is not reasonable to inspect it, for example because the kitchen has not yet been connected or the sanitary ware is missing, you can refuse the handover. Record that in writing, stating the reasons, and agree a new date. Accepting subject to a long snagging list is something different from refusing: in the first case the work has been handed over and the risk and payment instalment pass to you.
Withholding the final instalment
There is a lot of confusion about the final payment. For new-build homes for a consumer, the statutory 5% retention right applies, under which the last five per cent of the contract price stays in escrow with the notary until three months after handover. For a renovation that arrangement does not exist, but you do have the general right under the law of obligations to suspend your payment for as long as the contractor fails to meet their obligations. That right is limited: you may only withhold an amount that is in reasonable proportion to the defects still to be repaired. Holding back the entire final instalment for three small paintwork points is not reasonable and may put you in default, resulting in interest and collection costs.
The best protection is an agreement in advance. Record in the contract that the final instalment, for example ten per cent of the contract price, only becomes due after all handover points have been repaired. How to assess such a payment schedule is explained in Comparing quotes: how to read a building quote. Never pay in cash and never without an invoice, and confirm every amount withheld in writing with reference to the points in the report.
Hidden defects, guarantees and the consumer file
Not everything is visible at the handover. A leak behind the tiles, a floor that starts creaking after a winter, a drain with too little fall: these are hidden defects. Since the Wet kwaliteitsborging (Wkb, the Quality Assurance in Construction Act), a contractor with a consumer contract is liable for all defects that were not discovered at the handover, unless they prove that the defect is not attributable to them. The burden of proof lies with them; previously it lay with you. Report a defect in writing as soon as you discover it, because after your report a two-year limitation period starts running for a legal claim. First give the contractor the opportunity to repair the defect themselves within a reasonable period; the law obliges you to do so, unless that cannot reasonably be expected of you in the circumstances, and only after that can you bring in someone else at the contractor's expense.
In addition, when notifying you that the work is finished, the contractor must hand you an opleverdossier (completion file), commonly called the consumentendossier (consumer file): drawings, calculations, an overview of materials and installations used, and information on use and maintenance. This obligation may have been excluded in the contract, so check the terms and conditions. What else the Wkb means for you is explained in Quality Assurance in Construction Act: what the Wkb means for your renovation. A guarantee that the contractor gives in addition, for example through an industry guarantee scheme or a manufacturer's warranty on installations, comes on top of the statutory liability and does not replace it. Ask for the guarantee certificates and manuals at the handover and keep them with the report.
Checklist: twenty points per room
Go through each room separately and tick off the points that apply for each room. Note any deviations in the report straight away.
- Floors: level and without height differences at transitions, no loose or hollow-sounding tiles, skirting boards fitted and sealed.
- Tiling: even joint width, joints full and clean, no damaged or uneven tiles, cut edges neatly finished. A skilled tiler leaves no lipping or hollow tiles.
- Walls: plasterwork flat and free of cracks or waves, check with raking light.
- Paintwork: full coverage, no sags or drips, clean lines at frames and skirting boards, colour as agreed. Ask the painter for the colour codes used, for touching up later.
- Ceilings: flat, no stains or visible seams, recessed spotlights straight and evenly spaced.
- Interior doors: close smoothly, stay open without swinging shut, no gaps along the frame, ironmongery secure.
- Exterior frames and windows: open and close without resistance, draught strips present, sealant joints closed, hinges and locks work and keys complete.
- Glass: no scratches or inclusions, spacers invisible, with insulating glass the correct coating as specified in the quote.
- Electrics: every socket and switch works, consumer unit labelled, residual current devices tested, enough connection points as per the drawing.
- Lighting: all light points work, dimmers without humming, outdoor lighting and motion sensors tested.
- Water supply: no leaks at any connection, hot and cold water on the correct tap, sufficient pressure, no water hammer.
- Drainage and sewer: washbasin, shower and toilet drain quickly, no smells, traps present, shower channel level with sufficient fall.
- Sanitary ware: toilet flushes properly and does not leak, taps do not drip, sealant joints around bath and shower closed.
- Heating: all radiators or underfloor heating zones get warm, thermostat works, no leaks at couplings, system balanced.
- Ventilation: mechanical ventilation works at all settings, cooker hood extracts, ventilation grilles open and clean.
- Kitchen: cabinet doors and drawers aligned, worktop undamaged, appliances connected and tested, extraction and sink leak-free.
- Exterior work: roofing and lead flashings closed, gutters and rainwater downpipes connected, facade clean, no cement haze.
- Safety: smoke alarms present and working on every floor, stair handrails secure, no sharp edges or protruding screws.
- Clean and complete: construction dust removed, no building waste on the property, protective film and stickers removed, leftover materials such as tiles and paint handed over.
- Paperwork: completion file, guarantee certificates, manuals, gas and electrical inspection reports and an overview of extra and reduced work received.
What to do in a dispute
If the contractor refuses to repair defects or repairs fail to materialise, give them formal notice of default in writing: describe the defects, refer to the report, state a reasonable period for repair and announce that after that period you will have the work done by a third party at the contractor's expense. Keep all correspondence and photos. If the contractor is a member of a trade association with a dispute resolution scheme, you can submit the dispute to the Geschillencommissie (Dutch Disputes Committee); that is cheaper and faster than going to court. Otherwise the kantonrechter (subdistrict court) has jurisdiction for smaller amounts and the district court for larger ones. The Juridisch Loket (the Dutch Legal Services Counter) gives initial advice, and legal expenses insurance often covers the cost of a lawyer. How to reduce the chance of such a dispute when choosing your contractor is explained in 5 tips for choosing the right contractor.
On VerbouwPro you post your renovation free of charge and contractors, painters and tilers from your region with a verified profile and reviews respond. In your job description, ask for a written handover with a report and a payment schedule in which the final instalment is linked to the repair of handover points; anyone who agrees to that straight away has nothing to hide.