Abnahmeprotokoll: entering reservations correctly

Which reservations belong in the Abnahmeprotokoll and how to word them so they help you later.

BildProof RedaktionUpdated 9/28/20261 min readGermany
In short

Enter every defect you know of at the Abnahme as a separate reservation, with room, spot and type. Also reserve any agreed contractual penalty explicitly.

What belongs in the reservations?

Two things belong in the protocol: every known defect and any agreed contractual penalty. Each reservation should make sense on its own.

  1. 1

    Every known defect

    Anything you see at the Abnahme goes into the protocol as its own reservation.

  2. 2

    Room

    Name the room, for example bathroom, kitchen or bedroom.

  3. 3

    Spot

    Say exactly where, for example “window sill, left, lower corner”.

  4. 4

    Type

    Say what it is, such as a crack, a scratch or a missing joint.

  5. 5

    Contractual penalty

    If a contractual penalty was agreed, reserve it explicitly.

  6. 6

    Same day

    If the developer won't enter a reservation, write it in yourself or declare it in writing the same day.

Why this matters

Under § 640 Abs. 3 BGB you keep repair, self-remedy, withdrawal and price reduction for a known defect only if you reserve it at the Abnahme. Under § 341 Abs. 3 BGB you can likewise only claim an agreed contractual penalty if you reserve it.

General information, not legal advice.

Frequently asked questions

What happens if I don't enter a known defect?

You lose repair, self-remedy, withdrawal and price reduction for it. You can still claim damages (§ 640 Abs. 3 BGB).

What if the developer won't enter a reservation?

Write it into the protocol yourself or declare it in writing the same day, for example by email. What matters is that the reservation is declared at the Abnahme.

How do I word a reservation?

Write down each finding on its own, with room, spot and type, for example “Bathroom, wall behind the door, crack in the plaster”. A catch-all like “various defects” leaves open what is meant.

More on this

Also in this topic: New-build warranty: walk-through before the 5 years endDefects after the Abnahme: rights of new-build buyersAll guides: New builds & the Abnahme

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