Acceptance is a legal project milestone, not merely the day keys are handed over. The March dossier explains how to prepare the inspection, record reservations and avoid confusing technical completion with contractual acceptance.
March 2026 practice dossier. A thematic entry in the annual archive, prepared and legally reviewed on 13 November 2026. This is not a claim that it was published or that legislation changed in that month.
Define what is being accepted
Identify the contract, work area and scope of the proposed declaration. Obtain the latest defect list, test reports and operating information. Separate outstanding work from identified defects. A record should state who attended and whether the person signing can bind the employer. Partial acceptance requires particular care because it can create separate milestones for individual parts of the project.
Respond to notices and reserve known defects
Under section 640 BGB, minor defects do not by themselves justify refusing acceptance. The statute also provides a deemed-acceptance mechanism with specific conditions and additional protection for consumers. A request should therefore be reviewed rather than left unanswered. Where defects are known at acceptance, reservations can be decisive for particular remedies. A technical list and the legal declaration should be consistent.
Project review checklist
- Prepare the scope, attendees and signing authority.
- Identify defects precisely and link them to photos or plans.
- Record reservations and dates for follow-up inspections.
Four practical examples
These illustrative scenarios are fictional examples, not accounts of client matters.
Occupied building
The tenant wants to move in before all tests are complete. Record the basis of early use and the outstanding checks. Do not assume that handing over keys settles every acceptance question.
Small paint defects
The building is complete except for minor paint damage. Assess whether refusal is justified and record the defect reservations. An indiscriminate refusal may create unnecessary conflict about the milestone.
Known water ingress
Water has entered a basement before the meeting. Record the affected areas, observed conditions and reservation clearly. A vague reference to an earlier email is harder to use than a coordinated acceptance record.
Phased project
One building section is handed over while other sections remain under construction. Define boundaries, shared systems and outstanding integrated tests before agreeing separate acceptance of the section.
Further guidance and sources
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Official statutory text (German)
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