Jurisdiction(s):
United Kingdom

Key definition

Partial possession definition

What does Partial possession mean? Partial possession describes the employer taking possession and use of part of the works before practical completion of the whole, for example letting a finished floor while construction continues elsewhere. It is a descriptive construction law term; its legal effect is set by the contract rather than legislation. Standard forms across the UK and Ireland provide for it (e.g. JCT/SBCC by Certificate of Partial Possession; NEC through taking over a section; Irish RIAI and Public Works Contracts have equivalent mechanisms). Key features typically include: deemed practical completion for the relevant part; commencement of the defects/rectification period for that...

Taking occupation before practical completion: early use v partial possession, risk transfer, insurance and liquidated damages under JCT and NEC

Published by a LexisNexis Construction expert

Practice notes

Taking occupation before practical completion

In most building contracts, the contractor has sole possession of the site and the works, and that position continues until practical completion of the works occurs (see Practice Note: What is practical completion?). At practical completion, exclusive possession of the site/works transfers back from the contractor to the employer. This is usually the case in practice unless the contract states otherwise through express terms (for example, terms dealing with sectional completion). However, the realities of construction and the commercial pressures on employers mean that, from time to time, an employer may decide it wishes to, for example, access, use, occupy or even sell a part or parts of the site/works before the whole of the works is finished or completed in full. A common rationale for doing so is to permit it (or a purchaser/tenant) to begin fit-out works. If sectional completion has been agreed in advance, the building contract ought to be drafted so that the provisions, including those relating to completion, handover, insurance, retention, extension of time and liquidated damages, all address completion of the works in sections as agreed. For more information, see Practice Note: Sectional completion...

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Web page updated on 21/05/2026

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