Handing a new-build flat to the buyer: record every room
How developers prepare and document the handover of a new-build flat.
Hand the flat over with the Abnahmeprotokoll, each reservation described on its own and photos of every room. After the Abnahme, what counts is how the flat looked on that day.
What makes a good handover?
A handover is done quickly. For it to hold up later, it needs a few fixed parts.
- 1
Daylight
Hold the appointment in daylight, so every room can be seen clearly.
- 2
Cleaned and empty
Hand the flat over cleaned and empty.
- 3
Abnahmeprotokoll
Record the Abnahme and every reservation in writing.
- 4
Separate reservations
Describe each reservation with room and spot.
- 5
Every room
Photograph every room, not just the spots with a reservation.
- 6
Same record
Give the buyer the same condition report, so both sides work from the same condition.
Why this matters
Under § 640 Abs. 3 BGB the buyer keeps repair, self-remedy, withdrawal and price reduction for a known defect only if they reserve it at the Abnahme. From the Abnahme the buyer bears the risk (§ 644 BGB), and the five-year limitation period starts (§ 634a BGB).
General information, not legal advice.
Frequently asked questions
Does the buyer have to accept the flat?
Yes, if it was built essentially as agreed (§ 640 Abs. 1 BGB). If the buyer refuses and names defects, you can ask for a joint Zustandsfeststellung (condition record, § 650g BGB).
What about defects the buyer does not enter?
A known defect that was not reserved can then only be claimed as damages (§ 640 Abs. 3 BGB). Defects that only show up later, the buyer has to prove.
How long is the developer liable for defects?
Defect claims on buildings expire after five years, counted from the Abnahme (§ 634a BGB). For that long, how the flat looked on handover day can matter.
Also in this topic: Defect reports after handover: how developers check themAll guides: New builds & the Abnahme
Next handovers coming up?
Record the condition of every room at each handover, before the buyer signs. BildProof takes your team through every unit the same way and creates a structured condition report.
See BildProof for developers