What to request for technical installations before accepting the works
Provisional acceptance is the moment the building starts working in the hands of those who will use it. Gathering the technical installation records early makes that moment simpler for the owner, the designer and the contractor. This guide lists what to request and explains what changes between provisional and final acceptance. It is general information.
What to gather before the inspection
It helps to agree this list at the very start of the works, so that each item is prepared as the work progresses.
- Test and start-up sheets for each installation, with dates, results and those responsible.
- As-built drawings: the drawn and written documents that match the works as carried out.
- Operating and maintenance manuals, with data sheets for the installed equipment.
- Certificates and declarations required by each discipline.
- Training for those who will operate the installations, with a record of what was covered.
- Passwords, control software, keys and any spare parts set out in the contract.
- A punch list of outstanding items, with a person responsible and a date for each one.
The technical file of the works
Decree-Law No. 273/2003 requires the owner to prepare, or have prepared, a technical file with the information useful for future use and later work, to protect the safety and health of those who carry it out (Article 16(1)). It includes as-built drawings and technical information on the installed equipment that is relevant to preventing risks in its use, upkeep and maintenance (Article 16(2)).
The contractor contributes the information needed for the file, and the owner may decline provisional acceptance until it has been provided (Article 16(3)). This rule concerns the items of the technical file; other points in the list, such as passwords or training, depend on what the contract sets out. Agreeing early who prepares each item helps the project reach acceptance with a complete file.
Provisional and final acceptance in public works
These two stages are governed by the Public Contracts Code, in the wording republished by Decree-Law No. 177/2026:
- Provisional acceptance: this depends on an inspection of the works on site by the owner with the contractor's collaboration (Article 394), and the record (a written, signed document of the result) states whether the works are fit to be accepted, identifying any defects (Article 395).
- Warranty period: this starts on the date that record is signed and varies with the defect. It is 5 years for technical installations and 3 years for equipment that serves the works but can be separated from them without altering them, such as installed machines, and the contract may provide otherwise within the limits of the law (Article 397(1) to (3)).
- Final acceptance: when that period ends there is a new inspection, and acceptance depends on the regular operation of the works and equipment and on the warranty obligations having been met (Article 398).
In private works
The Portuguese Civil Code rules on construction contracts speak of checking and accepting the works. Before accepting, the owner checks that the works meet the agreed conditions and are free of faults, and reports the results to the contractor; failing to check or to report amounts to acceptance (Article 1218). The contract should therefore set out the acceptance stages, the list of items to deliver and how outstanding items are handled. If the owner is a consumer, consumer protection rules may also apply.
Frequently asked questions
What is the difference between provisional and final acceptance?
In public works, provisional acceptance authorises opening for use or entry into operation and starts the warranty period; final acceptance comes at the end of that period, after a new inspection (Public Contracts Code, Articles 395, 397 and 398). In a private project, the contract can organise the stages in a similar way.
What if there are outstanding items on the day of the inspection?
The key is to record them. In a private project, the Civil Code removes the contractor's liability for known defects when the owner accepts the works without reservation, and treats visible defects as known (Article 1219). A written list, with a person responsible and a date, serves all parties.
Which time limits apply to a defect found later on?
The general rule in the Civil Code is to report the defect within thirty days of finding it (Article 1220). For the construction, alteration or repair of buildings and other property intended to last a long time, there are specific time limits: the defect is reported within one year, for defects that appear within five years of handover or within the agreed warranty period (Article 1225). Legal advice helps to establish which rule applies.
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