Deemed acceptance: setting the deadline and notice correctly

When a new-build flat counts as accepted, and what you as the developer have to do for it.

BildProof RedaktionUpdated 9/28/20262 min readGermany
In short

After completion, give the buyer a reasonable deadline for the Abnahme and, for consumers, point out the consequences in text form together with the request. Make sure you can prove the request was received.

What does the request for the Abnahme need?

Deemed acceptance only takes effect when several conditions come together.

  1. 1

    Completion

    Only set the deadline once the flat is finished.

  2. 2

    Reasonable deadline

    The law gives no fixed number of days; the deadline has to be reasonable.

  3. 3

    Notice in text form

    Consumers must be told the consequences; an email is enough (§ 126b BGB).

  4. 4

    With the request

    The notice must come together with the request for the Abnahme.

  5. 5

    Proof of receipt

    Make sure you can show that the request arrived.

  6. 6

    Record the condition

    Record the condition of every room on the day of your request.

Why this matters

Under § 640 Abs. 2 BGB the flat counts as accepted if the buyer does not refuse the Abnahme within a reasonable deadline by naming at least one defect. For consumers this only applies if you pointed out these consequences in text form together with the request.

General information, not legal advice.

Frequently asked questions

Is an email enough for the notice?

Yes, an email meets text form (§ 126b BGB). But the notice must come together with the request for the Abnahme.

What if the buyer names a defect that does not exist?

Then deemed acceptance does not take effect, but you can ask for a joint condition record (§ 650g BGB). If the flat was built essentially as agreed, the buyer still has to accept it (§ 640 Abs. 1 BGB).

How long must the deadline for the Abnahme be?

The law gives no fixed number of days; the deadline has to be reasonable. Only set it once the flat is finished.

More on this

Also in this topic: Defect reports after handover: how developers check themRecording neighbouring buildings before constructionAll guides: New builds & the Abnahme

Next handovers coming up?

Record the condition of every room before you ask for the Abnahme. BildProof takes your team through every unit the same way and creates a structured condition report.

See BildProof for developers

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