Acceptance of the new building - process
The acceptance of a new building is not an insignificant formality. It is legally binding and must therefore be carried out with care.
Jurisprudence on Acceptance
There is no obligation in a new building to carry out a formal acceptance test or to draw up an acceptance report. Both serve the security of the client, that he gets exactly what he agreed. Legally, much changes with the acceptance:
Until acceptance, the contractor must prove that he has worked correctly. He is responsible for the construction. He has to protect the house from theft or damage or to insure accordingly. If the client complains about defects, the contractor is obliged to remove them.
If the building is dismantled, things look different. The building is considered defect-free, so the contractor has nothing to improve. In case of damage, the client is obliged to prove this. It is no longer enough to claim that a defect exists. The lawyers speak of the reversal of the burden of proof. From this date, the client is liable and must protect and insure his own house.
After successful acceptance, construction companies are generally obliged to remedy construction defects that occur within a period of five years. In some cases, this can be significantly longer.
Attention, there is a notional acceptance
The construction is deemed to be accepted if no formal acceptance takes place within twelve working days of the written notification of completion. The deadline is shortened to six working days, when the client moves into the finished house.
By the way, whoever pays the final installment without a deposit confirms a proper acceptance with all the consequences.
Whoever moves in or pays for a decrease, though still Defects are to be remedied, takes a risk. From the point of view of the lawyers, this is a waiver of the remedying of the damage.
What is meant by a defect
The basis is the contract concluded by the client and the contractor, the description of services contained therein is binding. A defect is when the performance is technically sound, but different than agreed. This is also the case if the contractor technically performed a work incorrectly.
Example: If red tiles are agreed in the bathroom, then a green-tiled bathroom is a defect. This is true even if the work was done perfectly. Red tiles that do not stick properly are also a defect.
Missing documents are no small matter. At the time of acceptance various certificates must be available. The official acceptance is important. These include an official acceptance of the drainage and a certificate of the Schonsteinfegers on the acceptance of the heating and ventilation system.
If electronic systems such as telephone, Internet access or antennas are installed, the associated measurement protocols must be available. Likewise, all operating and care instructions of machines, floor coverings and the like.
Do not dispense with an expert in the new building
The costs for a construction supervision on average amount to one percent of the construction costs. Who saves here, takes a big risk. At least at the final acceptance should nobody renounce expert advice. The specialists calculate these individual services at hourly rates of 220 to 270 euros. As a rule ten hours are to be paid for all preparatory work.
It is always advisable to visit the construction site several times with an expert during construction. Many mistakes can not be detected in a finished building and lead to serious damage over the years. This applies, for example, to missing vapor barriers.
The acceptance takes place after completion. A new building with defects is not finished. Smart builders visit the building as it builds up and as soon as the company announces that the property is ready. You create a list of defects on the occasion and set the company a deadline to fix everything.
This request must be made within twelve working days. The acceptance date will take place as soon as this work is completed.
Prepare the appointment
All construction documents are required for the acceptance. Furthermore, a camera and a meter are needed. Wisely, at least one witness is present.
Experts usually have ready-made acceptance records. If you want to create one yourself, you transfer the information from the service agreement to DIN A4 sheets. It makes sense to create a sheet for outdoor use, one for heating and other equipment and one for each room.
On the sheets are all the points to be checked. The heating, ventilation and the various appliances are primarily concerned with the official acceptance tests, the test reports and the instructions.
In the outdoor area, the façade and the base as well as the roof are of interest. In addition, there must be a discharge authorization in the sewer and leaf trap, manhole cover and a backflow flap must be present.
In rooms, it is all about the contractual equipment, the correct size and whether windows and doors function properly. Attention should also be paid to paint splashes.
Tour of the Tour
The most important thing is that builders adhere strictly to the ready-made protocol and can not be rushed to hurry. Every door and every window has to be checked. Contractors sometimes push and down the importance of acceptance.
Every small deficiency must be recorded in the minutes, described accurately and best documented with a photo. The document must also state until when and how the defect is to be remedied.
In the event of serious errors, the client may refuse acceptance. If important documents, such as the operating permit of the Schonsteinfeger, are missing, this is justified. The same applies if the house is unsafe, for example, because railings are missing. Many small defects also justify not accepting a building.
If there are a few small mistakes, it is sufficient to record them in the log and to determine who removes them and when. A new acceptance date is not required.
Usually, the final rate is only due when the smallest error has been resolved. Whoever pays earlier must state on the transfer slip that he pays with reservation. Otherwise, as mentioned, the payment replaces the decrease.
Ideally, the client and the contractor and the witness sign the protocol. This is not mandatory.
Checklist for Building Acceptance
- Regularly check for defects in advance.
- Request elimination with deadline
- Create form for acceptance (outdoor, technical equipment, each room)
- 2 Protocol forms, construction documents, Take the camera, meter and witnesses for the acceptance date.
- Process the form for the exterior, including the channel, façade, base and roof.
- Enter the defects and note the agreement for removal.
- Go through the protocol sheet of the technical installations.
- Defects and Note removal.
- Measure dimensions of each room and check doors and windows.
- Prepare Defective Protocols.
- Review with contractor and record in log.
- Sign log and countersign by company.
- Each Party receives a copy.
A written record helps to prove that a decline or refusal has taken place. Without this, a fictitious acceptance test is possible.