Conducting a completion inspection properly: checklist and record

Formal acceptance is the most important legal moment in the entire construction process. Acceptance reverses the burden of proof, makes the final payment due and starts the defect liability period. Mistakes here cost you your strongest position as project owner if a dispute arises.¹

Key points at a glance

• Acceptance reverses the burden of proof: afterwards, you as project owner must prove defects — beforehand, the contractor bears the burden of proof
• BSB/IFB report 2025: an average of 31 defects per construction project — a thorough acceptance inspection with a written record is essential
• Deemed acceptance under § 640(2) BGB: if you do not respond to an acceptance request, the work is deemed accepted after 12 working days
• Never accept under pressure: if defects are apparent, refuse acceptance or explicitly record the defects in the acceptance record

Why is formal acceptance so important?

Many project owners underestimate the implications of acceptance. They see it as a formality to get out of the way. In reality, acceptance triggers four far-reaching legal consequences:

1. Reversal of the burden of proof

Before acceptance, the contractor must prove that their work is free of defects. After acceptance, this reverses: you as project owner must then prove that a defect exists and that the contractor caused it (§ 640 BGB).¹ In practice, this means that defects you fail to document at acceptance are much harder to pursue later. According to the Bauherren-Schutzbund (BSB), around 40 per cent of all subsequent defect claims fail because evidence is lacking after acceptance.³

2. Final payment becomes due

Acceptance makes the entire remaining payment due (§ 641 BGB). Until you have accepted the work, you can withhold part of the payment. After acceptance, you lose this bargaining power. That is why recording defects and reserving your rights before signing the acceptance record is so important.

3. Start of the defect liability period

The statutory defect liability period of five years (BGB) or four years (VOB/B) starts on the day of acceptance.¹⁴ Without formal acceptance, the starting point is unclear, which can lead to lengthy disagreements if a dispute arises. Find more on defect liability periods in our Guide to construction defect liability.

4. Transfer of risk

From acceptance, the risk associated with the work transfers to the project owner (§ 644 BGB). If storms, fire or vandalism damage the work after acceptance, the project owner bears the risk. Before acceptance, this risk lies with the contractor.

Forms of acceptance

There are three forms of construction acceptance. They do not all offer the project owner the same protection.

Formal acceptance

For formal acceptance, the project owner and contractor inspect the work together, check it systematically and record the findings in an acceptance record. Defects are documented, deadlines for rectification are set and both sides sign the record. This is the safest option because the date, identified defects and reservations are clearly evidenced.

Deemed acceptance (§ 640(2) BGB)

If the contractor requests acceptance in writing after completing the work and you do not respond within a reasonable period, the work is deemed accepted.¹ Generally, 12 working days is considered reasonable. The problem is that the defect liability period starts without defects having been documented. Therefore, always respond to an acceptance request.

Implied acceptance

If you use the work without expressly accepting it, implied acceptance may arise. Courts frequently regard moving into a newly refurbished flat or using a new heating system as acceptance. It is then difficult to establish the exact date, which leads to disputes if defects arise later.

Recommendation: Always insist on formal acceptance with a written record. This is the only option that allows you as project owner to retain all rights and clearly demonstrate which defects existed at acceptance. The consumer advice centre advises project owners to involve an independent surveyor at acceptance as a matter of principle, particularly for construction projects over 50,000 euros.⁵

Formal acceptance step by step

A careful acceptance inspection follows a set process. The following seven steps help you avoid overlooking anything.

1. Agree an appointment with the contractor. Set the acceptance date together. Allow enough time: at least one hour for individual trades, two to three hours for a whole house. Avoid acceptance inspections at dusk, in the rain or under time pressure.
2. Prepare your own checklist. Go through the quote and contract and list all agreed work. Bring the checklist (see the next section), a folding rule, a spirit level and a torch.
3. Inspect every room and area systematically. Work through each room, from top to bottom. Check every area in daylight. Do not forget the basement, loft, external areas and ancillary rooms.
4. Document defects (photos + description). Photograph each defect from several angles. Note its precise location (room, wall, position), type and the date. The more detailed your documentation, the stronger your position in a dispute.
5. Prepare an acceptance record. List all identified defects in the record with descriptions and photo numbers. Record which work has been carried out properly and which has not.
6. Reserve your rights concerning defects. If there are defects, expressly reserve your rights to rectification and, where applicable, contractual penalties in the record. Without this reservation, you can no longer assert certain claims after acceptance.
7. Have both sides sign the record. The record only takes effect once both parties have signed it. Obtain a copy. If the contractor refuses to sign, record this and send them a copy by registered post.

The acceptance checklist

The following checklist covers the most important checks by trade. Adapt it to your construction project and remove trades that do not apply.

Structural shell

• Check masonry for cracks, unevenness and efflorescence
• Check floors and walls for flatness (straightedge, spirit level)
• Inspect concrete for honeycombing, cracks and spalling
• Check waterproofing in the basement and around foundations
• Compare dimensions and openings with the construction drawings
• Check the roof structure for correct workmanship and timber protection

Windows and doors

• Test all windows and doors for smooth opening and closing
• Check seals (no draughts, no gaps admitting light)
• Check glazing for scratches and fittings for secure attachment
• Test roller shutters and blinds
• Check wall junctions for neat workmanship and proper sealing
• Check thresholds and floor transitions

Electrical installation

• Check all sockets, switches and lighting outlets work
• Check the fuse box: labelling, residual current devices
• Compare connection positions with the plans
• Test switching arrangements (two-way and intermediate switches)
• Do not forget outdoor sockets and garden lighting

Plumbing

• Turn on all taps: pressure, temperature, leaks
• Test drainage (basin, shower, bath)
• Check that the toilet is secure and flushes properly
• Check silicone joints for neat workmanship
• Test hot water provision and heating
• Check wet-area waterproofing under DIN 18534⁶

Painting and plastering

• Check walls and ceilings in daylight for unevenness, stains and drips
• Check colour consistency (no lap marks, no shadows)
• Check junctions with window frames, door frames and skirting boards
• Check external render for cracks and colour differences
• Check wallpaper for bubbles, overlaps and neat edges

Floor coverings

• Check floor coverings for flatness (straightedge, 2-metre bar under DIN 18202)⁷
• Tap tiles to check for hollow areas
• Check joints for consistent width and neat workmanship
• Check parquet and laminate for creaking, gaps at walls and damage
• Check transition profiles at door thresholds
• Test underfloor heating for even heat distribution

External works

• Check paving and paths for flatness and falls (drainage)
• Test drainage channels and outlets
• Check fencing, gates and letterbox work properly
• Test outdoor lighting and doorbell
• Check the façade for cracks, dirt and paint quality

Acceptance record: what must it contain?

The acceptance record is your most important document. It must be complete, clear and signed by both sides. Every acceptance record should include the following:

Important: If the contractor disputes individual defects, record this ("Defect disputed by the contractor"). This documents the disagreement and reserves all your rights.

Common acceptance mistakes

The Verband Privater Bauherren (VPB) regularly finds during its construction support work that project owners make avoidable mistakes at acceptance.² The five most common:

1. Acceptance without a written record

Accepting with a handshake leaves you without evidence. In a dispute, it is one person's word against the other's. Without a record, you can prove neither which defects existed at acceptance nor that you reserved your rights. The record takes ten minutes and can be worth thousands of euros.

2. Acceptance under time pressure

"Can we do this quickly? I have another appointment." A classic phrase that leads project owners to inspect superficially. Do not let yourself be rushed. If the contractor has no time for a thorough acceptance inspection, arrange another appointment. Acceptance is your right.

3. Undocumented defects

A crack in the wall is noticed but neither photographed nor included in the record. Three months later, the crack has grown, but without documentation its condition at acceptance can no longer be established. Document every defect, even if it seems minor.

4. No rectification deadline set

Recording defects alone is not enough. Set the contractor a specific rectification deadline, for example 14 days. Without a deadline, repairs can drag on indefinitely. Further rights (price reduction, arranging rectification yourself, damages) only become available once the deadline has passed.

5. Acceptance without reserving rights

If you know about defects but declare acceptance without expressly reserving your rights, you may lose your contractual penalty claims. For known defects, the reservation must appear in the record. This also applies to contractual penalties for construction delays: if not reserved at acceptance, the claim is lost (§ 341(3) BGB).

Provider comparison: professional review

There are various options for having your construction quote or contract reviewed professionally before acceptance. A review before signing the contract prevents unclear specifications from becoming a problem at acceptance.

We review your construction quote digitally for completeness, price risks and contractual weaknesses. The review report helps you check specifically at acceptance whether all agreed work has actually been carried out. Having your quote reviewed before work starts puts you on much firmer ground at acceptance.

Frequently asked questions about acceptance

What happens if I refuse acceptance?

You may refuse acceptance if there are significant defects, meaning defects that substantially restrict use of the work. For minor defects (e.g. a small scratch on a door frame), you must accept, but you can record the defect and demand rectification. The contractor is then not entitled to the final payment while significant defects remain.

Do I need a surveyor at acceptance?

For smaller projects (bathroom refurbishment, painting), your own thorough inspection with a checklist is generally sufficient. For larger construction projects from around 50,000 euros or a new build, an independent surveyor is useful. They identify defects that non-specialists easily miss, and their record carries more weight in a dispute. DEKRA and TÜV offer construction quality monitoring and acceptance support, which have proved particularly useful for new-build projects.⁸

Can acceptance be reversed?

Generally, no. Acceptance, once declared, stands. Exception: if the contractor fraudulently concealed a defect, you can invoke § 640(3) BGB. In practice, however, fraudulent concealment is difficult to prove. Therefore, inspect thoroughly before signing rather than regretting it afterwards.

When should I carry out formal acceptance?

Only once the contractor has declared the work complete and you have had an opportunity to inspect it. Do not let yourself be pressured into acceptance when work is clearly still outstanding. Arrange the appointment so you can inspect in daylight without time pressure.

Does deemed acceptance also apply to private project owners?

Yes. Since the BGB reform, deemed acceptance under § 640(2) BGB also applies to consumers. If the contractor requests acceptance in writing and you do not respond within the specified period, the work is deemed accepted.¹ However, the contractor must inform the consumer of the consequences of the deadline expiring. Still always respond, even if only to identify defects.

Further reading: Construction defect liability: your rights concerning defects · Reviewing a construction contract: what matters · Avoiding additional charges

Sources

1. Gesetze im Internet, §§ 640, 641, 644 BGB (acceptance, payment becoming due, transfer of risk)
2. VPB, Verband Privater Bauherren: statistics on acceptance mistakes and construction support
3. Bauherren-Schutzbund e.V. (BSB) – guide to acceptance and preserving evidence
4. VOB/B § 13 – defect claims and defect liability periods
5. Consumer advice centre – acceptance: rights and duties of project owners
6. DIN 18534 – waterproofing internal spaces (wet-area waterproofing)
7. DIN 18202 – tolerances in building construction (flatness tolerances for floors and walls)
8. DEKRA / TÜV – construction quality monitoring and acceptance support for residential buildings