Acceptance Report

Acceptance Report - a written document that records all identified defects, reservations, and agreements between the client and the contractor at the time of final inspection. It serves as a key record of evidence and marks the start of the warranty period.

Why is the acceptance report so important?

The final inspection is one of the most significant legal acts in the entire construction process. Upon acceptance, the client declares that they acknowledge the structure as essentially in compliance with the contract. From this point on, the burden of proof is reversed: It is no longer the contractor who must prove that they have performed defect-free work, but rather the client who must prove that a defect exists. This is precisely why a carefully prepared acceptance report is indispensable.

The report documents the condition of the structure at the time of acceptance. All visible defects recorded in the report are considered reserved-the client does not lose their right to claim rectification for these defects. Defects that were apparent at the time of acceptance but were not recorded in the report are difficult to assert later, as the client must accept the objection that they accepted the defect at the time of acceptance. The acceptance report should therefore list every defect, no matter how minor, including specific descriptions and, if possible, with photos attached.

In addition to the defects, a complete acceptance report includes the date of acceptance, the names and signatures of both parties, a precise description of the construction project, and agreed-upon deadlines for rectification. If a party’s signature is missing, this should be noted in the report. We recommend preparing the acceptance report in two copies so that both parties receive a signed original.

Contents of a Complete Acceptance Report

A legally valid acceptance report must contain at least the following information:

• Date, time, and location of the acceptance
• Name and address of the construction project and the contracting parties
• Details of the construction contract (date, contract number)
• List of all identified defects with a precise description and location within the building
• Agreed rectification deadlines for each defect
• Reservation regarding defects not immediately apparent (hidden defects)
• Indication of whether acceptance is granted unconditionally or subject to reservation
• Signatures of both parties or a note in the event of refusal to sign

Checklist for the building acceptance

A structured approach prevents important points from being overlooked during acceptance. The following areas should be systematically inspected:

• Structural work and masonry for cracks and unevenness
• Windows and doors for functionality, tightness, and flawless glazing
• Floor coverings for damage, clean installation, and levelness
• Plumbing fixtures for leaks and correct installation
• Electrical installations for functionality of all switches, outlets, and fuses
• Facade and exterior facilities for completeness and quality of workmanship
• Heating system for proper operation and complete documentation

For each defect identified, an appropriate rectification period should be agreed upon in the report-typically two to four weeks, depending on the scope. If the deadline is not met, the client is entitled to further rights, such as carrying out the repairs themselves or seeking a price reduction.

Practical Tip for Homeowners in Nuremberg and Franconia

In the Nuremberg metropolitan region, we strongly advise homeowners to consult an independent building inspector for the final inspection. The cost of approximately 400 to 800 euros for an expert is negligible compared to the potential follow-up costs of undetected construction defects-repairs to finished surfaces can easily cost ten times as much. Numerous publicly appointed and sworn experts in Nuremberg, Fürth, and Erlangen offer inspection support and can be found through the Chamber of Crafts of Middle Franconia, for example. This investment is particularly worthwhile for new construction in popular Nuremberg neighborhoods such as Erlenstegen, Mögeldorf, or Marienberg, as construction costs are high here and defects can become correspondingly expensive.

Frequently Asked Questions

Does the acceptance have to be in writing?

No specific form is required by law-acceptance can also be verbal or implied (by conclusive conduct), such as moving into and using the building without reservation. However, we strongly recommend the written form with a detailed acceptance report. This is the only way to prove beyond a doubt the defects identified during acceptance in the event of a dispute. Implied acceptance can occur unintentionally and quickly-for example, if the client moves in without reporting any defects and six months pass.

What warranty period begins with acceptance?

For buildings, the statutory warranty period under the German Civil Code (BGB) is five years from acceptance. For contracts under VOB/B, it is four years. The period applies to any defect that was reserved in the acceptance report, as well as to hidden defects that only become apparent after acceptance. Without valid acceptance, the period does not begin to run-which may seem advantageous at first glance but can actually lead to legal uncertainty. We therefore always recommend a formal acceptance with a written report.

Can acceptance be refused?

Yes, the client may refuse acceptance if there are material defects-that is, defects that significantly impair the use of the structure, such as a non-functional heating system or a leaky roof. In the case of only minor defects, however, acceptance cannot be refused; these are recorded in the report and must be rectified. The distinction between significant and minor defects is often debatable on a case-by-case basis. As a rule of thumb, a defect is considered significant if it impairs habitability or usability, or if rectifying it would be disproportionately costly.

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