Checking custom extras at the Abnahme

How new-build buyers check custom extras against the agreement at the Abnahme and record them in the protocol.

BildProof RedaktionUpdated 9/30/20262 min readGermany
In short

Check every extra against the written agreement and enter deviations as reservations. Accept other firms' work separately.

What to check for every extra

The benchmark is the written agreement, not what you remember from a chat on site.

  1. 1

    Agreement

    What does it say in writing, with work, material, colour and price?

  2. 2

    Execution

    Does the result on site match exactly that agreement?

  3. 3

    Contract partner

    Did the developer carry out the extra, or a firm you hired yourself?

  4. 4

    Interfaces

    Where does the other firm's work meet the developer's, for example at pipes or waterproofing?

  5. 5

    Reservation

    Every deviation as its own reservation, with room, spot and type.

  6. 6

    Separate acceptance

    Accept other firms' work separately with that firm.

Why this matters

Under § 640 Abs. 3 BGB you keep repair, withdrawal and price reduction for a deviation you know of at the Abnahme only if you reserve it. With two contract partners, only the recorded condition shows how each area was handed over.

General information, not legal advice.

Frequently asked questions

Who is liable for an extra that another firm carried out?

The firm you hired, because it is your contract partner. The developer is liable for his own work. Settle in writing beforehand who is responsible where the two meet.

What if an extra was carried out differently from what was agreed?

Enter the deviation in the protocol at the Abnahme as a reservation, with room, spot and type. Attach the written agreement.

Can I demand extras one-sidedly during construction?

Not under a Bauträgervertrag. The right to order changes under § 650b BGB does not apply there (§ 650u Abs. 2 BGB). Every change needs an agreement with the developer.

More on this

Also in this topic: Buying an existing home: the handover from the sellerReceived a request to accept your new build: what buyers must doAll guides: New builds & the Abnahme

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