Defect reports after handover: checking them fairly
How developers check and answer a Mängelanzeige (defect report) after the Abnahme.
Check every defect report against the Abnahmeprotokoll and the condition on handover day. Reply within the deadline, even if you think the report is unfounded.
How do you check a defect report?
A fixed order helps you answer every report fairly and promptly.
- 1
Abnahmeprotokoll
First check whether the defect is listed there as a reservation.
- 2
Burden of proof
For reserved defects it lies with you; for all others with the buyer.
- 3
Handover day
Compare the reported spot with its condition on handover day.
- 4
Damage by others
Moving, furniture assembly or other tradespeople after handover are not a defect in your work.
- 5
Meet the deadline
Reply within the deadline, even to a report you think is unfounded.
- 6
Choose the repair
If there is a defect, you decide whether to fix it or redo the work.
Why this matters
Under § 635 Abs. 1 BGB you decide, when repairing, whether to fix the defect or redo the work. If the deadline for repair passes without result, the buyer may have it fixed and claim the costs (§ 637 BGB).
General information, not legal advice.
Frequently asked questions
Who has to prove a defect after the Abnahme?
Generally the buyer. For defects the buyer reserved at the Abnahme, the burden of proof stays with the Bauträger.
Do I have to fix damage caused by a kitchen fitter?
No, damage caused by others after handover is not a defect in your work. The dispute is usually about when it happened, and a comparison with handover day settles that.
What happens if I don't respond to a Mängelanzeige?
If there is a defect and the deadline for repair passes without result, the buyer may have it fixed and claim the costs (§ 637 BGB). So reply within the deadline, even if you think the report is unfounded.
Also in this topic: Recording neighbouring buildings before constructionDeemed acceptance of a new build: deadline and notice for developersAll guides: New builds & the Abnahme
Next handovers coming up?
Record the condition of every room at each handover, so every later defect report can be checked calmly. BildProof takes your team through every unit the same way and creates a structured condition report.
See BildProof for developers