New-build warranty: walk-through before the 5 years end

How new-build buyers walk through their flat before the warranty ends and secure their claims.

BildProof RedaktionUpdated 9/30/20262 min readGermany
In short

Walk through every room a few months before the five years run out, report every finding in writing and make sure the limitation period is suspended in time.

What to look out for on the walk-through

The walk-through is your last chance to make findings within the deadline.

  1. 1

    Abnahme dates

    The period starts with the Abnahme, possibly on different days for your flat and the common property.

  2. 2

    Every room

    Walls, floors, ceilings, windows and doors, including cellar and balcony.

  3. 3

    Known findings

    Check whether reported points have really been fixed.

  4. 4

    New findings

    Cracks, damp, sticking windows, each with room and spot.

  5. 5

    Report in writing

    Every finding with a photo and a reasonable deadline to the developer.

  6. 6

    Common property

    Roof, facade and stairwell concern all owners, so talk to the property management.

Why this matters

Under § 634a BGB defect claims on a building become time-barred five years after the Abnahme. Whatever you have not found, reported and, if needed, secured by suspension by then is hard to enforce afterwards.

General information, not legal advice.

Frequently asked questions

Does a defect notice by registered letter stop the limitation period?

Under the BGB alone, no. It proves what you reported and when. The limitation period is only suspended by negotiations, a lawsuit or a selbständiges Beweisverfahren (§§ 203, 204 BGB).

What if the developer fraudulently concealed damage?

Then the regular limitation period applies, but the claims do not become time-barred before the five years are up (§ 634a Abs. 3 BGB).

When should I do the walk-through?

A few months before the deadline. That leaves time to report findings, wait for a reply and, if needed, suspend the limitation period.

More on this

Also in this topic: Checking custom extras at the Abnahme: a buyer's guideBuying an existing home: the handover from the sellerPreparing the Abnahme of a new-build flat: a buyer's checklistAll guides: New builds & the Abnahme

Is your warranty nearing its end?

Walk through every room a few months beforehand and report every finding in writing. BildProof guides you through the flat and creates a structured condition report.

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