Individual acceptance

Partial Acceptance - Partial acceptance refers to the separate acceptance of individual trades or construction phases by the building owner or their expert, even before the entire construction project has been completed. With individual acceptance, the client confirms that a specific partial service has been performed in accordance with the contract. It initiates the warranty period for the respective trade and has significant legal and financial consequences.

Legal Basis and Significance

Acceptance is regulated in § 640 of the German Civil Code (BGB) and is considered a pivotal milestone in the law governing contracts for work and services. The same principles apply to partial acceptance as to final acceptance:

• Transfer of risk: Upon acceptance, the client bears the risk of accidental deterioration of the accepted work.
• Due date of payment: After partial acceptance has taken place, the contractor may issue an invoice for the accepted work.
• Reversal of the burden of proof: Prior to acceptance, the contractor must prove that the work is free of defects. After acceptance, the client must prove that a defect exists.
• Commencement of the limitation period: The warranty period (typically 5 years for structures under VOB/B) begins with the individual acceptance of the respective work.

Important: Anyone who signs an individual acceptance without reservation cannot later claim obvious defects.

Procedure for a Proper Individual Acceptance

A thorough individual acceptance follows a structured process:

1. Completion notice from the contractor with a request for acceptance
2. Scheduling of an appointment between the client and the contractor
3. Inspection and review of the work based on the scope of work, the bill of quantities, and the standards (e.g., DIN standards, VOB Part C)
4. Documentation of all identified defects in the acceptance report
5. Signing of the acceptance report by both parties, with reservations regarding defects if applicable
6. Agreement on a remedial period for reported defects

Typical trades for which individual acceptances are agreed upon include: structural work, windows/doors, electrical, plumbing, heating, tiling, screed, plastering, and painting.

Individual Acceptance vs. Final Acceptance: Strategic Considerations

The decision as to whether individual acceptances or a final acceptance at the end of the project makes more sense depends on the project size, contract structure, and the number of trades involved. For larger construction projects involving multiple specialized contractors-as is typical for new construction projects in the Nuremberg metropolitan region-individual acceptances offer significant advantages: Warranty periods run separately for each trade, which facilitates the subsequent identification of defects. If, for example, moisture damage occurs three years after completion, the individual acceptance reports can be used to precisely determine which trade is affected and whether the 5-year warranty period is still in effect. Furthermore, individual acceptance prevents a trade from being fully paid even though it has not yet been accepted. A strategic disadvantage can arise when trades are functionally interdependent-such as screed and flooring-and a defect in the later trade was caused by the earlier one. In such cases, it is advisable to include precise wording in the acceptance report that clearly defines responsibility at the interfaces.

Practical Tip for Homeowners in Nuremberg and Franconia

In the Nuremberg metropolitan region, new construction projects and renovations often involve multiple trades working in parallel. We recommend that our clients conduct a written individual acceptance with a detailed report for each trade-ideally with the involvement of an independent building expert. The Bavarian Consumer Advice Center offers construction law advice at its Nuremberg office (Adam-Klein-Straße), and the Association of Private Builders (VPB) Northern Bavaria Regional Association can recommend qualified experts for acceptance inspections. The cost of an expert for an individual acceptance inspection is typically €100-300 per trade-an investment that quickly pays off in the event of disputed defect issues. Especially for condominiums in the Nuremberg/Fürth/Erlangen metropolitan area, where turnkey projects with multiple developers and a general contractor are frequently carried out, comprehensive documentation protects against costly post-construction disputes.

Frequently Asked Questions

Do I have to be present in person for the individual inspection?

No, you can be represented by an authorized person, such as an expert or architect. It is important that the authorized person is designated in writing and presents the power of attorney at the inspection appointment. The power of attorney should explicitly include the right to sign the acceptance report and to note any reservations regarding defects. A commissioned building expert is usually the best choice, as they can complete the acceptance report with professional expertise and identify hidden defects that a layperson would not notice.

What happens if I discover defects only after the final inspection?

Hidden (non-apparent) defects can still be claimed after the final inspection within the warranty period. This applies even if the final inspection report has already been signed-the decisive factor is whether the defect could have been detected upon careful inspection at the time of the final inspection. Obvious defects that you identified during acceptance but did not note in the report are generally forfeited-unless the contractor fraudulently concealed them. Fraud is present if the contractor was aware of the defect and deliberately concealed it; in this case, the statute of limitations is extended to 3 years from the date the defect was discovered.

Does individual acceptance also apply to a lump-sum contract?

Yes. The type of payment agreement-unit-price contract or lump-sum contract-has no bearing on the right of acceptance under Section 640 of the German Civil Code (BGB). Even in a lump-sum contract, individual acceptances for completed work packages can and should be agreed upon, provided this is stipulated in the contract. It is advisable to explicitly regulate individual acceptances in the contract for work and services: Which work items are to be accepted individually? How is the acceptance report to be documented? What deadlines apply for rectifying reported defects? A clear contractual provision prevents disputes over whether the acceptance of a work item simultaneously triggers the due date of the corresponding progress invoice.

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