If the developer's work is ready for acceptance, the purchaser is obligated to accept it. (Photo: © Tatiana Badaeva/123RF.com)
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Once the construction is ready for acceptance, the customer must grant acceptance. If they fail to do so, the work is still considered accepted. The Federal Court of Justice has confirmed this.
The final building inspection is an important milestone for all parties involved: among other things, the final payment is due and the limitation period for warranty claims begins. After this point, it becomes more difficult for homeowners to demand the rectification of defects. One apartment owner refused to grant acceptance , even though the construction company had rectified all defects . The judges ruled in her favor .
The developer completed a residential complex in 2012. As stipulated in the contracts, an expert selected by the buyers inspected the building and prepared a report. Based on this report, the owners were to declare acceptance, thereby approving the developer's work as conforming to the contract. However, one apartment owner insisted on a private expert opinion and therefore refused acceptance. The defects were subsequently rectified . When the developer again requested acceptance in 2014, the woman refused once more, fearing the emergence of further defects.
The Higher Regional Court of Cologne sided with the construction company: The client should not have refused acceptance. She had initially justified her refusal with 149 defects and outstanding work items identified by a private expert. However, these were only minor issues , such as cleaning work, a missing electrical outlet, missing signs in the basement, and so on. Such trivialities were deemed insignificant in relation to the overall common property of a large condominium complex.
In such a case , the judges ruled, the buyer could reasonably be expected to accept the work as being substantially in accordance with the contract . If the developer's work is ready for acceptance in its entirety, the purchasers are obligated to accept it. Since the legal requirements for acceptance were met in 2012 , the common property is to be considered accepted since 2012. Only this point in time is relevant. The apartment owner cannot retroactively justify her previous refusal by claiming that new defects have appeared since 2017.
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Operations management
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Cologne Higher Regional Court, judgment of 28 October 2020, Ref.17 U 44/16 final;
(On 21 April 2021, the Federal Court of Justice dismissed the appeal against the non-admission of the appeal, case number VII ZR 269/20).
"The client is legally obligated to accept the work !" explains attorney Anna Rehfeldt , LL.M. "They cannot refuse acceptance with blanket arguments or due to minor defects . If they nevertheless refuse to accept a properly completed service without justification, the contractor can proceed as follows: They should set a deadline for acceptance in writing – the length of which depends on the circumstances of the individual case. The request should state that the service will be considered accepted upon expiry of the deadline. This allows contractors to counter the practice of clients delaying payment by 'refusing acceptance'. Tradespeople should always insist on timely acceptance of their work to protect their rights!"
No warranty rights before acceptance! The customer is only entitled to warranty rights after acceptance of the work. This has been clarified by a landmark ruling of the Federal Court of Justice. > Read more here! DHB now also available digitally! Simply click here and register for the digital DHB!
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