Preparing the Abnahme: check your new-build flat thoroughly
What to have ready before the appointment and what to check at the Abnahme before you sign.
Bring the purchase contract, the Baubeschreibung and the plans, and check every room in daylight. Only sign once every room has been checked, because after that you bear the burden of proving defects.
How do I prepare for the Abnahme?
A thorough Abnahme takes time and the right documents. For a three-room flat, 2 to 3 hours is realistic.
- 1
Documents
The purchase contract, the Baubeschreibung and the plans, so you can compare what was agreed with what was built.
- 2
Daylight
Book the appointment so you can check every room in daylight.
- 3
Enough time
Allow several hours and do not let yourself be rushed.
- 4
Every room
Walls, floors, ceilings, windows, doors and fittings, room by room.
- 5
Expert help
A surveyor can accompany you to the Abnahme.
- 6
Reservations
Write every finding into the Abnahmeprotokoll as a reservation before you sign.
Why this matters
Under § 640 Abs. 1 BGB you must accept a flat built as agreed and may not refuse because of minor defects. From the Abnahme you bear the burden of proof for defects you did not reserve.
General information, not legal advice.
Frequently asked questions
Can I refuse the Abnahme over small defects?
No, § 640 Abs. 1 BGB does not allow that. Enter them as reservations in the protocol instead.
When does the warranty start?
With the Abnahme. Defect claims on buildings expire five years from that day (§ 634a Abs. 1 Nr. 2, Abs. 2 BGB).
How much time should I allow for the Abnahme?
For a three-room flat, 2 to 3 hours is realistic, with photos and protocol. Only sign once every room has been checked.
Also in this topic: Received a request to accept your new build: what buyers must doNew-build warranty: walk-through before the 5 years endAll guides: New builds & the Abnahme
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