The condition report: protecting your works and your liability

01When to prepare a condition report

A condition report must be completed at every change of custody: receiving a work from the artist, sending to a collector, lending to an institution, departure for and return from a fair, delivery after a sale, return from a loan. Each movement constitutes a point of responsibility transfer, and only a joint report — signed by both parties — establishes who is responsible if damage is subsequently identified.

Major galleries integrate condition reporting into their standard procedures. Gagosian and David Zwirner employ in-house registrars who prepare detailed reports for every work movement. Hauser & Wirth, across its multiple sites, has developed documentation protocols that guarantee complete traceability of each work's condition at every stage of its journey.

For mid-size galleries without a registrar, the dealer or a trained team member must take on this task. The time investment is modest — fifteen to thirty minutes per work — and the protective returns are considerable.

02Contents of a condition report

A complete condition report includes several elements. Work identification is the foundation: artist, title, date, technique, dimensions, inventory number. The condition description follows a standardised vocabulary: abrasion, scratch, cracking, discolouration, warping, stain, loss, visible restoration, varnish yellowing, foxing for works on paper.

Locating damage on a diagram or annotated photograph is essential. A report that mentions a "scratch on the left edge" without a photograph or measurement will be contestable; a report that includes a macro photograph of the scratch, its location on a diagram of the work and its dimensions in millimetres will be probative.

Environmental conditions at the time of the report — temperature, relative humidity, lighting — are useful though not always mandatory. However, noting the framing (frame type, glass condition, presence of mat) and hanging system is important, as these elements are often the source of damage during transport.

The report must be dated and signed by both parties (sender and receiver of the work), with the note "approved without reservation" or, where damage is identified, a precise description of the disagreement. A copy is retained by each party.

03The photographic record: indispensable

Photography is the essential complement to the written report. Each work should be photographed under controlled lighting conditions, from multiple angles: front, back, corner and edge details, close-ups of damaged or fragile areas. Photographs must be timestamped (most cameras and smartphones do this automatically) and archived systematically.

Raking light — light directed parallel to the surface — reveals relief, cracking and warping invisible under frontal lighting. This technique, used by professional conservators, is easily replicated with a simple torch. A dealer who includes raking-light photographs in their condition reports demonstrates a level of professionalism that impresses institutions and insurers.

For three-dimensional works (sculptures, installations), photography must cover all faces, including the underside and concealed areas. Contact points with the plinth or floor, often zones of friction and wear, deserve particular attention.

04Insurance and the condition report

Art-specialist insurers — AXA Art, Hiscox, Lloyd's — require a recent condition report for any claim. Without a document established before the damage, the insurer is entitled to dispute the link between the declared loss and the movement covered by the policy. A dealer who neglects condition reports thus faces a double risk: civil liability for the damage and denial of coverage by the insurer.

Storage conditions also influence insurance terms. An insurer that finds works stored in an unsecured, poorly ventilated or humidity-exposed space may increase the premium or refuse coverage. Best-practice condition reports include a summary assessment of storage conditions, enabling the dealer to identify risks and correct them before a loss occurs.

05Condition reporting at fairs

Art fairs are high-risk environments for works: rapid installation and de-installation, handling by sometimes inexperienced teams, shared truck transport, vibrations, impacts. Condition reports before and after the fair are an absolute imperative.

The departure report should be completed before packing, in the gallery premises. The arrival report is completed on the booth, after unpacking and before hanging. The return report follows the same logic: on the booth after de-installation, and at the gallery after unpacking.

Organisers of major fairs such as Art Basel and Frieze provide standardised condition report forms. Some require a joint report in the presence of a shipper's representative at delivery and collection. The dealer is well advised to insist on this procedure even where it is not mandatory.

06The dealer's responsibility toward the artist

A dealer who receives a work on consignment is legally a depositary. They are obliged to care for the work with due diligence and to return it in the condition in which they received it. The condition report prepared upon receiving the work protects both parties: the artist has certainty that the initial condition is documented, and the dealer can prove that any damage predates their custody.

Disputes between galleries and artists over the condition of works are more frequent than one might think. An artist who collects a work after an exhibition and finds an unreported scratch is entitled to request restoration or compensation. A joint condition report signed by both parties prevents these conflicts and maintains the trust essential to the gallery-artist relationship.

07Digitising the process

Digital tools considerably simplify condition report management. Specialist applications such as specialist online platformsstems or sector-adapted FileMaker solutions allow the creation of report templates, direct integration of photographs, cloud storage and instant sharing with relevant parties.

A simple spreadsheet coupled with a cloud storage service can suffice for a small gallery. The essential point is consistency: every work entering or leaving the gallery must be documented, without exception. Rigour in applying this procedure distinguishes the professional gallery from the amateur.

For Artedusa partner galleries, rigorous condition documentation strengthens the confidence of international collectors buying online: the condition report, available on request, removes one of the primary objections to purchasing at a distance.