Defects after the Abnahme: how to report them
How to report a defect in your new-build flat after the Abnahme, and what rights you have.
Report the defect in writing with room, spot and photo, and give the developer a reasonable deadline to fix it. Do not have it repaired yourself before the deadline ends.
What belongs in a Mängelanzeige?
A clear Mängelanzeige (defect notice) makes it easy for the developer to find the defect, and easy for you to keep your rights.
- 1
In writing
Report the defect in writing, so you can later show what you reported and when.
- 2
Room and spot
Describe exactly where the defect is.
- 3
Photos
Photograph the defect and the room around it.
- 4
Reasonable deadline
Give the developer a reasonable deadline to fix it.
- 5
Abnahmeprotokoll
If the defect is reserved there, the developer has to disprove it.
- 6
Open instalments
While instalments are still open, you may usually hold back twice the cost (§ 641 Abs. 3 BGB).
Why this matters
Under § 637 Abs. 1 BGB you may only have a defect fixed yourself and claim the costs once a reasonable deadline for repair has passed without result. Until then the developer may repair first and choose how (§ 635 BGB).
General information, not legal advice.
Frequently asked questions
How do I prove the defect was there at the Abnahme?
With records from the day of the Abnahme, the Abnahmeprotokoll and, if needed, an expert's report. For defects you reserved, the developer has to disprove them.
How long can I claim defects?
Five years from the Abnahme (§ 634a Abs. 1 Nr. 2, Abs. 2 BGB). Still report early, while the cause is easy to find.
May I have the defect fixed myself straight away?
No, only once a reasonable deadline for repair has passed without result (§ 637 Abs. 1 BGB). The developer may repair first and choose how (§ 635 BGB).
Also in this topic: Checking custom extras at the Abnahme: a buyer's guideBuying an existing home: the handover from the sellerAll guides: New builds & the Abnahme
Found a defect after the handover?
Record the condition of every room at the Abnahme, so a later defect is easier to place. BildProof guides you through the flat room by room and creates a structured condition report.
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