Preliminary acceptance

Preliminary Inspection - A preliminary inspection (also known as a pre-inspection or on-site inspection) is an informal inspection of the structure prior to the official final inspection. Its purpose is to identify any visible defects at an early stage so that the contractor can remedy them before the final inspection. The preliminary acceptance has no legal effect-it does not trigger either the warranty period or the transfer of risk.

Procedure and Purpose

The preliminary acceptance is usually conducted two to four weeks before the scheduled final acceptance. The building owner - ideally accompanied by a building inspector - systematically inspects the structure and compiles a detailed list of defects. This is handed over to the contractor in writing; the contractor has until the final acceptance to remedy the listed defects.

The goal is a defect-free final acceptance: If all defects are remedied before the acceptance date, final acceptance can be declared without issue. The client then does not need to include any reservations regarding defects in the acceptance report, which significantly simplifies the subsequent process. While an acceptance with extensive reservations is legally possible, it often leads to disputes regarding the nature, scope, and timing of the remedial work.

Typical items checked during a preliminary acceptance: Slope formation on balconies and terraces (water drainage), joints and connections at windows and doors (airtightness, thermal bridges), quality of plaster and tile work (cracks, unevenness), functional testing of windows, doors, and gates, electrical system (fuse box, outlets, switches), heating system (radiators, thermostats, heating circuit distribution), and plumbing system (pressure test, leak test).

Legal Classification

The pre-acceptance inspection is not an acceptance within the meaning of § 640 BGB-it does not trigger any legal effects. In particular, the warranty period does not begin to run (5 years under the BGB, 4 years under VOB/B), the burden of proof is not reversed, and the contractor’s claim for payment does not become due.

It is important to communicate this clearly and to record it in writing in the report: The preliminary acceptance report should be explicitly labeled as an “inspection prior to acceptance without legal effect.” Otherwise, the contractor could argue in a later dispute that an implied (tacit) acceptance has taken place-with the consequence that warranty periods would have already begun to run and the client could no longer raise claims regarding defects identified during the inspection.

Expert at the Preliminary Acceptance

Engaging a construction expert for the preliminary acceptance is one of the most sensible investments in the entire construction process. An experienced expert identifies defects that a layperson would not notice-or that the contractor would be happy to overlook in the interest of a speedy completion. These include:

Structural defects such as insufficient insulation at thermal bridges (balcony ledges, window reveals), faulty wall connections of vapor barriers or airtightness layers, non-compliant waterproofing in wet areas, and deviations from the building permit.

Workmanship defects such as gap dimensions that do not meet tolerance requirements, uneven plaster surfaces, improper tile installation, or ceiling panels that are not properly aligned.

Functional defects such as defective electrical installations, pressure losses in the water supply, or uncalibrated thermostats.

Practical Tip for Homeowners in Nuremberg

We recommend that homeowners in the Nuremberg metropolitan area always conduct a pre-acceptance inspection with an expert-the cost of approximately 400 to 800 euros is money well spent. In Nuremberg and the surrounding area, there are numerous publicly appointed and sworn experts in building damage who conduct such inspections. Be sure to choose an expert who is independent of the contractor and has no financial ties to them.

Conduct the pre-acceptance inspection in daylight and systematically check all rooms using a prepared checklist. Compile a list of defects with photos, room assignments, and specific descriptions of the defects, and submit it to the contractor in writing-via certified mail or email with read receipt-setting a reasonable deadline for rectification (typically: two to four weeks before the final acceptance date).

Frequently Asked Questions

Does the contractor have to agree to a pre-acceptance inspection?

No, the pre-acceptance inspection is not a legally regulated procedure-the contractor is not obligated to participate. In practice, however, reputable contractors agree to it, as a defect-free acceptance is in their own interest: they receive their final payment faster and avoid costly repairs during the warranty period. A pre-acceptance inspection can be specified as a contractually agreed procedure in the construction contract. If the contractor refuses, you can conduct the inspection even without their participation and submit the list of defects in writing.

What happens to defects that are not identified during the pre-acceptance inspection?

Defects overlooked during the preliminary acceptance can still be included as a reservation in the acceptance report during the final acceptance-even if they could have been detected. And even after the final acceptance, hidden defects can be reported within the warranty period (5 years under the German Civil Code (BGB), 4 years under the German Construction Contract Procedures (VOB/B)). The preliminary acceptance is not an acceptance-overlooked defects are not lost. However, the burden of proof is more difficult after the final acceptance, as the burden of proof is reversed: The client must then prove that the defect was already present at the time of acceptance.

Can the preliminary acceptance replace the final acceptance?

No, under no circumstances. The preliminary acceptance has no legal effect and does not replace the formal final acceptance. Only with the final acceptance does the warranty period begin, does the contractor’s claim for payment become due, and does the risk of accidental loss pass to the client. After preliminary acceptance and the complete rectification of defects, always conduct a separate, formal final acceptance with a written acceptance report-and do not let any contractor dissuade you from doing so.

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