Final inspection

Final Acceptance - Final acceptance is the formal inspection and acceptance of a completed structure or construction work by the building owner (or their authorized representative). It is the most legally significant step in the construction process: Upon acceptance, the warranty period begins, the burden of proof for defects is reversed, the contractor’s claim for payment becomes due, and the risk passes to the client (Sections 640, 644 BGB).

Legal Effects

Final acceptance triggers four key legal consequences: Commencement of the warranty period - a period of 5 years (BGB) or 4 years (VOB/B) begins upon acceptance, during which defects may be reported. Reversal of the burden of proof - prior to acceptance, the contractor must prove that their work is free of defects; after acceptance, the client must prove the defect. Due date of payment - the final payment becomes due only upon acceptance (Section 641 BGB). Transfer of risk - from the date of acceptance, the client bears the risk of accidental damage or destruction of the structure.

Due to these far-reaching consequences, the final acceptance should be carefully prepared. Acceptance is not a mere formality, but a legally significant act in which errors can have costly consequences. In particular, the reversal of the burden of proof is serious: Anyone who reports a defect after acceptance must prove that it was already present at the time of acceptance-a fact that is often difficult to prove in practice.

Final Acceptance Procedure

The contractor notifies the client of completion and requests acceptance. The client has a reasonable period of time to carry out the acceptance (usually 12 business days according to VOB/B). During the acceptance, the client (ideally accompanied by a building expert) inspects the structure and checks the work for completeness and freedom from defects.

The result is documented in an acceptance report that lists all identified defects. The client may declare acceptance with reservations (defects are noted, warranty rights remain intact) or refuse acceptance if there are significant defects. Defects that were apparent at the time of acceptance but were not reported are considered approved in case of doubt-therefore, a complete record of all complaints is essential.

Preparing for the Final Acceptance

Thorough preparation significantly improves the quality of the acceptance. We recommend the following checklist: Bring floor plans and the building specifications and compare them with the actual construction; systematically inspect all rooms (basement → ground floor → upper floor → attic); open and close doors and windows, check for airtightness; Turn on the faucets, check the drainage rate, and look for leaks; test electrical outlets, switches, and fuses; turn on the heating and check the temperature distribution; inspect floor coverings for scratches, hollow spots, and improper installation; check outdoor areas, terrace waterproofing, and slope formation.

All defects should be documented in the report with photos and precise location details (room, wall, component). A handwritten report signed by both parties is the most secure form.

Difference from the shell inspection

In addition to the final inspection, larger construction projects also involve interim inspections-such as the shell inspection following completion of the structural framework. These have similar legal effects as the final inspection but apply to a specific phase of the project. In a developer contract under the MaBV, the completion of the shell is typically a payment milestone; during the interim inspection, the buyer can document defects in the shell before they are concealed by interior work.

Practical Tip for Homeowners in Nuremberg

We strongly recommend that homeowners in the Nuremberg metropolitan area bring an independent building inspector to the final inspection. The cost of approximately 500-1,000 euros for inspection support is negligible compared to the potential follow-up costs of undetected defects. The expert identifies defects that laypeople overlook-e.g., improper slope on balconies, insufficient airtightness, defective waterproofing, or electrical installations that do not comply with standards.

Insist on a written acceptance report and list every defect found-anything not included in the report is considered approved. We are happy to connect you with experienced building inspectors in the Nuremberg, Fürth, and Erlangen region who specialize in inspections.

Frequently Asked Questions

Do I have to approve the inspection even if defects are present?

No. In the case of significant defects (those that significantly impair usability), you may refuse approval. In the case of minor defects (small scratches, color variations), you can declare acceptance with reservations and record the defects in the report. The difference is crucial: If you wrongfully refuse acceptance (even though only minor defects are present), you will be in default of acceptance-with negative legal consequences. If in doubt, have a building expert assess the materiality of the defects.

What happens if I do not carry out the acceptance?

If the client fails to carry out the acceptance despite being requested to do so, a deemed acceptance may occur under the German Civil Code (BGB): The contractor sets the client a reasonable deadline, and once it expires, the work is deemed accepted (Section 640(2) BGB). According to VOB/B, acceptance is also deemed to have taken place if the client begins using the work and does not report defects within 6 business days. Therefore, always respond to requests for acceptance in a timely manner.

How important is the acceptance report?

The acceptance report is essential. It documents which defects were identified and reserved during acceptance. Only reserved defects can still be asserted after acceptance without a reversal of the burden of proof. Defects that were apparent at the time of acceptance and were not reserved are considered approved-the client loses their warranty claims for these defects. Describe the defects in the report in a specific and comprehensible manner, preferably with photos and room assignments.

Can I still claim defects after acceptance?

Yes, even after acceptance, defects can be claimed within the warranty period (5 years under the German Civil Code, BGB) - however, the client must now prove that the defect was already present at the time of acceptance. For hidden defects that were not detectable at the time of acceptance, the full warranty period remains in effect. For defects that were fraudulently concealed, the longer statute of limitations of 10 years applies. We recommend conducting an annual inspection with an expert even after acceptance, during the warranty period.

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