Request to accept your new build: how to respond

What to do when the developer has set you a deadline for the Abnahme.

BildProof RedaktionUpdated 9/28/20261 min readGermany
In short

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. 1

    Note the deadline

    Put the end of the deadline in your calendar straight away.

  2. 2

    Check the notice

    As a consumer, the consequence only applies if the notice of it came in text form with the request.

  3. 3

    Inspect the flat

    Walk through every room before you reply.

  4. 4

    Name defects

    If you don't want to accept, name at least one defect, ideally all the ones you know.

  5. 5

    Reply in writing

    Reply in writing and within the deadline.

  6. 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.

More on this

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.

Create your proof

Rental updates

Stay up to date on renting in Germany.

Rental rules change. We make the important ones easy to understand. Get occasional updates when important changes to rental law could affect you as a tenant, landlord or property manager, explained simply and without the legal jargon.

No spam. Only useful updates. Unsubscribe anytime. Privacy