Early use
|
As construction nears completion there can be considerable pressure to allow the client or tenants to take possession of part of a building or site, even if the works are ongoing or there are defects that have not been rectified.
This can be programmed as part of the works through a requirement for sectional completion, but in the absence of such a provision many contracts offer the more open-ended option of 'early use'.
Early use allows the client to use part of the site before the project is completed, i.e. practical completion is not deemed to have occurred. With early use, the risk remains with the contractor. This differs from partial possession, whereby the risk passes to the client, and any part to which it is given use is deemed to have achieved practical completion.
In addition to the certification of practical completion not being triggered by early use, neither is the commencement of the rectification period, release of retention, or liquidated and ascertained damages (LADs). However, if any delay or disruption is caused by the client to the works as a result of their early use, it may bring about claims by the contractor for extensions of time, as well as loss and expense.
It can be difficult to distinguish between partial possession and early use, and the application of the terms will often depend on the particular circumstances, the correspondence between the parties, and the provisions of the contract. Often, parties will adapt the standard forms of contract to make it easier to distinguish, such as by including an agreed access regime clarifying when and how the client can occupy works without triggering partial possession. It can also be amended so that the contractor waives their rights to make a claim for extension of time.
The courts tend to focus on establishing which is the relevant part of the site and which party has exclusive possession of it. If the client has exclusive possession then partial possession provisions will apply. If the contractor has exclusive possession then the early use provisions will apply.
[edit] Related articles on Designing Buildings Wiki
Featured articles
Check out some of the best features and news from Designing Buildings as well as key stories from around the web.
New and updated CLC building safety guidance.
New UK National Buildings Database.
Building Safety Wiki Interviews
Chief executive of the British Woodworking Federation.
Planning condition discharge in England and Wales
A brief explanation from a building compliance expert, with further links.
Overheating guidance and tools for building designers
Guidance for dealing with element of building fabric control that have increasing importance.
Shading for housing, a design guide
From the Good Homes Alliance and British Blind and Shutter Association.
UK Standard Skills Classification (SSC)
A shared framework for describing skills needs.
Social media ban consultation comes to close
CIOB urges UK Government to consider social media’s role in careers guidance in ban debate.
The latest of eight Skills England apprenticeship units
The addition of battery manufacturing welcomed by ECA with a warning about the risks of fast-tracked apprenticeship units.
Building Control Independent Panel final report
A precis of a key report led by Dame Hackitt with full recommendations and link to the government response.
Building Safety recap April, 2026
A short and longer run-through of the month, with links to further information and sources.

















