Final inspection

Preliminary acceptance refers to the official inspection and approval of a completed building or structure by the competent building authority, confirming that the structure has been properly constructed and may be used for its intended purpose. It is the final official step in the building permit process. Only after final inspection may a building generally be occupied and handed over for its intended use.

Final Inspection vs. Final Acceptance and Construction Acceptance

In common parlance, the terms final inspection, final acceptance, and construction acceptance are often used interchangeably; however, legally they may be distinct:

• Occupancy Permit: Official approval for use (public-law acceptance)
• Construction Acceptance (private law): Acceptance of the work by the client from the contractor (construction company) in accordance with VOB/B or BGB - triggers warranty periods
• Final acceptance: Often synonymous with acceptance for use; in some federal states, there is no longer a formal official final acceptance

In Bavaria, formal final acceptance by the building authority has been abolished in many cases; instead, the architect or civil engineer overseeing the construction confirms proper execution (authorized to submit building plans).

Significance for Builders and Buyers

The acceptance for use is important for builders and real estate buyers for several reasons:

• Insurance coverage: Many building insurance policies only provide full coverage after acceptance
• Warranty periods: In construction contracts, acceptance triggers the 5-year warranty period
• Transfer of ownership: For new construction projects by a developer, the acceptance for use is often a prerequisite for handover and thus for payment of the final purchase price installment

Acceptance under private law with a developer: Special care required

In new construction projects by a developer, acceptance under private law is a decisive legal act: It marks the start of the five-year warranty period, and following it, the burden of proof is reversed-before acceptance, the developer must prove that no defects exist; after acceptance, the buyer must prove the defect. Therefore, acceptance should never be rushed and should never take place without careful inspection.

Note: Acceptance can also be implied-that is, through conclusive conduct such as moving into the building or paying the final installment without reservation. To avoid unintentional implied acceptance, buyers should always explicitly state upon moving in that this does not constitute acceptance.

Checklist for Acceptance of a New Building

Before signing the acceptance report, the buyer or builder should check the following points:

• Completeness of all agreed-upon features
• Functionality of heating, ventilation, and electrical systems
• Condition of floors, walls, windows, and doors
• Moisture damage, cracks, and obvious defects
• Handover of all documents (plans, operating manuals, maintenance contracts)
• Presence of all requested permits and acceptance reports from the specialized trades

All defects must be recorded in writing in the acceptance report. Verbal promises by the developer to remedy defects are not enforceable without being put in writing. Significant defects entitle the buyer to refuse acceptance; in the case of minor defects, acceptance may be declared subject to reservation.

Claims for Material Defects and Statute of Limitations

The statute of limitations for claims regarding material defects begins after acceptance:

• BGB Contract for Work and Services: 5 years from acceptance (§ 634a BGB) for buildings
• VOB/B contract: 4 years from acceptance, if VOB/B is fully agreed upon

We recommend that buyers of new construction conduct a systematic inspection with an independent expert shortly before the warranty period expires in order to report even hidden defects-which may only become apparent after several years-in a timely manner. Anyone who misses this deadline forfeits their warranty claims.

Practical Tip for Property Owners in Nuremberg and Franconia

When purchasing new construction in the Nuremberg metropolitan region, we recommend that our clients consult an independent building expert during acceptance. This expert identifies hidden defects that laypeople might overlook during a simple inspection and helps compile a comprehensive defect report. Defects must be documented in the final inspection report so that the developer remains obligated to make repairs-verbal promises are not sufficient.

In our practice with new construction in Nuremberg, we repeatedly observe that developers want to rush the inspection-at the end of the quarter or before the fiscal year-end. We advise our clients not to let themselves be pressured into this. A thorough inspection takes time, and the effort is worth it: A professionally prepared defect report can later compel significant repairs.

Frequently Asked Questions

Can I move into a house before the final inspection has taken place?

Generally not without permission. Moving in prematurely without official approval is an administrative offense and can lead to a prohibition on use. In Bavaria, the builder can apply for early occupancy approval if the requirements are met.

What happens if I discover defects during the final inspection?

Significant defects entitle you to refuse acceptance or to sign with reservations. All defects should be noted in detail in the acceptance report. The developer is obligated to remedy these within a reasonable period. Acceptance is only fully completed once the defects have been remedied.

Who conducts the official final inspection in Bavaria?

In Bavaria, supervision of the construction work is the responsibility of the person authorized to submit building plans (architect or engineer). The Building Authority only conducts an official final inspection for certain special structures or upon request. Responsibility for proper execution lies primarily with the project manager and the building owner themselves.

What is a partial acceptance, and when is it appropriate?

A partial acceptance refers to individual, self-contained parts of the work (e.g., the shell construction, building services, or individual floors). It is appropriate when a construction project is billed in phases and individual parts of the work are to be accepted earlier than the overall project. Partial acceptance triggers the warranty period only for the accepted portion.

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