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For many people in Germany, building their own home is their biggest dream in life. At the same time, such a construction project represents a major challenge. Planning and managing the construction project raises many questions and you have to make important decisions on an ongoing basis. When the construction work is completed, you probably can’t wait to finally move into your new house. However, you still have to master one last important step: the building inspection.
During the building inspection, the builder officially confirms that the construction company has worked satisfactorily and assumes responsibility for any further defects and damage. It is therefore very important that you as the builder are well informed and prepared before the acceptance date.
In this guide article we provide you with the legal basis, information about the process, and a checklist with the eight most important checkpoints for construction acceptance.
1. The process of construction work is often the same
In most cases, the process of a construction project is very similar. It plays From a legal perspective, it doesn’t matter whether it is a completely new building, a renovation or a prefabricated house. In any case, it is advisable to hire an expert like this Prefab house experts to hire someone who will accompany you throughout the entire construction process and provide you with expert advice.
Carefully and precisely document any defects that you notice during the building inspection.
The building acceptance is just one important milestone of many in the construction process. So that you don’t miss any steps, we have listed the procedure clearly:
- Conclude construction contract: The construction contract documents in detail which services are to be provided by the construction company.
- The building inspection: You should enter and inspect the construction site once before the acceptance date at the latest. However, as a builder, it is both your right and your duty to visit the construction site regularly throughout the construction process. This is also in your interest, because the sooner you notice defects, the easier it is to fix them.
- The building acceptance: At this appointment, the client and the construction site manager meet and inspect the construction site together. Here too, it is advisable to have an expert with you. He checks whether all defects have been eliminated and the construction work has been carried out satisfactorily. In addition, he can usually assess well whether a Refusal of building inspection makes sense and is justified in your case.
- The construction inspection begins with the completion of the construction work Warranty period of five years. During this time, defects that were not discovered at the time of acceptance may be reported. However, the burden of proof now lies with the builder. If the building owner only discovers a defect after acceptance, he must prove that the construction company is not responsible for it.
- Full payment or moving into the new house is legally considered an official building acceptance. So be patient and wait until all defects have been remedied to your satisfaction before paying the final bill and refrain from moving in before the building inspection.
2. Legal background of the building inspection
The official building inspection
Official building approval by the building authority usually only takes place for larger construction projects. The main thing that is checked here is whether building specifications in the sense of public law have been adhered to. So this is irrelevant when building your own home.
The Building inspection is legally mandatory. From a legal perspective, construction contracts are work contracts. Loud The builder is obliged to do so under the German Civil Code (BGB).to accept the work provided it was produced in accordance with the contract. The building inspection is therefore a unilateral declaration by the builder.
At the same time, with acceptance, the builder asserts his right to check whether the work was carried out as agreed. With the builder’s signature, he confirms the work carried out by the builder as satisfactory and free of defects.
3. The building inspection can be refused
Get advice from an expert before you sign the construction contract or the acceptance report.
If the builder notices defects, acceptance will in most cases be postponed until an agreed deadline.
This You must document defects in the acceptance report and agree on a new acceptance date. The construction company is obliged to correct the defects by the new date.
If you officially accept the building despite existing defects, the construction company is no longer obliged to remedy them at its own expense.
4. Advantages and disadvantages of support from an expert
As already mentioned, in most cases it makes sense to seek advice from an expert. Here you can find out all the advantages and disadvantages at a glance:
- Competent advice on technical questions
- Certain security when making decisions
- Communication with the site manager is possible at eye level
- Benefit from the experience of the expert
Disadvantages
- Possibly high costs
- Possibly time-consuming (finding appointments, getting advice, etc.)
- May not be necessary for smaller projects
5. Acceptance protocol: the checklist
Normally the construction company prepares the handover and brings the acceptance protocol with them. There are no specific templates for this. However, make sure that the following information is included:
The wait pays off: until acceptance or move-in, defects are remedied at the construction company’s expense.
- Participants of the construction site inspection
- Place and date of construction acceptance
- Date and order number of the construction contract
- The services to be accepted by the construction company
- Time of start and completion of the service to be accepted
- Documentation of all defects
- Arrange an appointment for the second building inspection if there are still defects that need to be remedied
- The client reserves his rights and claims due to identified defects as well as contractual penalties
This document must finally be signed by both parties.
Silent acceptance: In any case, insist on an official acceptance date with a legally effective acceptance protocol. Otherwise, the acceptance may take place tacitly and be interpreted as officially confirmed in court.
Image credits: Adobe Stock /Kzenon, Adobe Stock /Peter Atkins, Adobe Stock /weerachai, Adobe Stock / lordn (sorted chronologically or according to the order of the images used in the buying guide)
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