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.
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
Abnahme dates
The period starts with the Abnahme, possibly on different days for your flat and the common property.
- 2
Every room
Walls, floors, ceilings, windows and doors, including cellar and balcony.
- 3
Known findings
Check whether reported points have really been fixed.
- 4
New findings
Cracks, damp, sticking windows, each with room and spot.
- 5
Report in writing
Every finding with a photo and a reasonable deadline to the developer.
- 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.
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
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