The heating system is deemed to have been accepted three months after completion

If no explicit acceptance is made for a heating system, but the customer puts it into use, it is deemed to have been accepted after three months – at least in winter. This is the opinion of the Munich Higher Regional Court.

This article is part of the special topic "Acceptance: The linchpin for tradesmen's rights".

In a contract for work and services, the acceptance of the work is of great importance: only with acceptance does the claim for payment for the work become due , the risk of accidental loss or damage to the item passes to the client, and the limitation period for claims for defects begins.

"Therefore, the contractor is generally well advised to bring about acceptance of the services rendered by ideally securing the client's declaration that they accept the work as being essentially in accordance with the contract, in a legally sound manner through a written acceptance protocol or a witness," explains lawyer Sabine Schönewald , head of department at the Cologne Chamber of Skilled Crafts.

Use of the work as acceptance by conclusive conduct

However, if, as is so often the case in practice, the contracting parties have not carried out a formal acceptance procedure or the client has not issued an explicit declaration of acceptance, acceptance can, in principle, also be considered through use in the form of so-called implied (conclusive) conduct by the client. The prerequisite for this is that the work is ready for acceptance , the client has commenced use without objection, and a reasonable testing period has elapsed.

"How long a ' reasonable' inspection period is cannot be determined in general terms, but rather depends on the circumstances of the individual case ," the legal expert emphasizes. "In particular, circumstances such as the type and scope of the work being put into operation are crucial here. For an installed heating system, an inspection period of three months should be sufficient and reasonable – at least during the winter months . This was recently decided by the Higher Regional Court of Munich."

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No conclusive acceptance is possible in summer

The court explained that acceptance can only be inferred if the client has had sufficient opportunity to examine the condition of the work . They must be able to conduct thorough testing with flawless operation of all functions. "In light of this court ruling, a merely implied acceptance of a heating system during the summer months is therefore fundamentally impossible ," the lawyer summarized. "This decision underscores once again how important and advantageous a formal and verifiable acceptance of the work by the client is for the contractor."

Higher Regional Court of Munich, decision of May 17, 2021, file number 28 U 744/21

For a heating system with solar thermal energy, approximately two months are sufficient , according to the Higher Regional Court of Oldenburg:

Conclusive Acceptance: Even the customer's silence can constitute acceptance ! > Read more here! DHB now also available digitally! Simply click here and register for the digital DHB!