Request to accept your new build: how to respond
What to do when the developer has set you a deadline for the Abnahme.
Respond within the deadline: accept, or refuse the Abnahme by naming at least one defect. Otherwise the flat counts as accepted when the deadline ends.
What do I do when the letter arrives?
The deadline runs from the developer's letter. These steps help you reply correctly and in time.
- 1
Note the deadline
Put the end of the deadline in your calendar straight away.
- 2
Check the notice
As a consumer, the consequence only applies if the notice of it came in text form with the request.
- 3
Inspect the flat
Walk through every room before you reply.
- 4
Name defects
If you don't want to accept, name at least one defect, ideally all the ones you know.
- 5
Reply in writing
Reply in writing and within the deadline.
- 6
Or accept
If you accept, write every finding into the Abnahmeprotokoll as a reservation.
Why this matters
Under § 640 Abs. 2 BGB the flat counts as accepted if you do not refuse the Abnahme within a reasonable deadline by naming at least one defect. For consumers this only applies with a notice of these consequences in text form.
General information, not legal advice.
Frequently asked questions
What happens if I let the deadline pass?
The flat counts as accepted, if the deadline was reasonable and you received the notice in text form. From then on you bear the burden of proving defects.
Is naming a single defect enough?
To prevent deemed acceptance, yes. Still name all the ones you know about.
What if the notice in text form is missing?
Then, for consumers, the flat does not count as accepted when the deadline ends (§ 640 Abs. 2 BGB). Reply anyway and name the defects you know about.
Also in this topic: New-build warranty: walk-through before the 5 years endDefects after the Abnahme: rights of new-build buyersChecking custom extras at the Abnahme: a buyer's guideBuying an existing home: the handover from the sellerAll guides: New builds & the Abnahme
Is your handover coming up?
Walk through every room while the deadline is running, and reply in time. BildProof guides you through the flat room by room and creates a structured condition report.
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