Knowledge · Contract & disputes
Acceptance of construction work: formal, deemed, with reservations
Acceptance changes almost everything: the money becomes due, the defects period starts and the burden of proof reverses. If you know the rules, you won't take on a risk by accident.
Last updated 20.10.2026 · 6 min read · Provisions checked against the statute and VOB text
Key points at a glance
- If the contractor (Auftragnehmer) requests acceptance, the client (Auftraggeber) must carry it out under VOB/B within 12 working days (Werktage) (§ 12 para. 1).
- Acceptance may be refused because of material defects (§ 12 para. 3 VOB/B), but not because of immaterial ones (§ 640 para. 1 BGB).
- Deemed acceptance: 12 working days after written notice of completion or 6 working days after use begins (§ 12 para. 5 VOB/B); under the BGB after a deadline has been set (§ 640 para. 2).
- Reservations for known defects and for the contractual penalty belong in the report, otherwise rights are lost.
- Consequences: the remuneration becomes due, the limitation period starts, the burden of proof moves to the client, the risk passes.
What acceptance means
Acceptance is the client’s declaration that it accepts the work as essentially in accordance with the contract. It is also a turning point: before acceptance, the contractor still has to fulfil its obligation to complete the work. After acceptance, defect claims apply.
The consequences of acceptance at a glance:
| Consequence | Source |
|---|---|
| Remuneration becomes due | § 641 para. 1 BGB, § 650g para. 4 BGB |
| Limitation period for defect claims starts | § 634a para. 2 BGB, § 13 para. 4 no. 3 VOB/B |
| Risk passes to the client | § 12 para. 6 VOB/B |
| Known defects: rights only with a reservation | § 640 para. 3 BGB, § 12 para. 5 no. 3 VOB/B |
| Contractual penalty only with a reservation | § 11 para. 4 VOB/B |
| Interest on the remuneration starts to run | § 641 para. 4 BGB |
Acceptance under VOB/B
Request for acceptance: If the contractor requests acceptance after completion, the client must carry it out within 12 working days. A different period can be agreed (§ 12 para. 1).
Partial acceptance: On request, self-contained parts of the work must be accepted separately (para. 2).
Refusal: Acceptance can be refused because of material defects until they are remedied (para. 3).
Formal acceptance: It must take place if one party requests it (para. 4 no. 1). Each party may bring in an expert at its own cost. The findings are recorded in writing at a joint meeting. The record must contain reservations for known defects and contractual penalties and any objections by the contractor. Each party receives a copy. It can also take place without the contractor if the date was agreed or the invitation was sent in good time (no. 2).
Deemed acceptance
If there is no express acceptance, acceptance can still occur under VOB/B (§ 12 para. 5):
- After notice of completion: The work is deemed accepted once 12 working days have passed after written notice of completion, if no acceptance is requested.
- After use: If the client has taken the work or a part of it into use, acceptance is deemed to have taken place after 6 working days from the start of use, unless agreed otherwise. Using parts of a structure to continue the work does not count as acceptance.
- The client must assert reservations for known defects or contractual penalties at the latest by these points in time (no. 3).
Under a BGB contract for work (Werkvertrag), the work is deemed accepted if the contractor has set a reasonable deadline for acceptance after completion and the customer has not refused acceptance within that deadline stating at least one defect (§ 640 para. 2 BGB). For consumers, this applies only if the contractor pointed out the consequences together with the request. The notice must be given in text form.
Defects at acceptance
| Situation | Consequence |
|---|---|
| Material defects | Acceptance may be refused (§ 12 para. 3 VOB/B). Under the BGB it may only not be refused because of immaterial defects (§ 640 para. 1 sentence 2 BGB), so it may be refused because of material ones |
| Immaterial defects | Acceptance takes place, and the defects go into the report as a defects list |
| Defect known, accepted anyway | Rights only if the customer reserves them at acceptance (§ 640 para. 3 BGB) |
What if the client refuses acceptance?
If the client refuses it stating defects, it must, on request, take part in a joint inspection of the condition of the work. It is dated on the day it is made and signed by both parties (§ 650g para. 1 BGB). If the client does not appear at an appointment, the contractor can carry it out unilaterally (para. 2). If the work has been handed over to the customer and the inspection records no obvious defect, it is presumed that the defect arose after the inspection and is the customer’s responsibility (para. 3).
The acceptance report: contents
A good report contains:
- Parties, construction project, contract, date, place and participants.
- Scope of work accepted (whole or part).
- Defects found, with location, description, photo and deadline for remedying them.
- Remaining work.
- Reservations: known defects, contractual penalty, damages where applicable.
- Objections by the contractor.
- Documents handed over: operating instructions, test records, as-built drawings.
- Start of the limitation period (the date of acceptance).
- Signatures of both parties.
You will find a checklist at Checklist for the acceptance report.
Practical rules
- Report completion in writing and note the 12 working days.
- Request partial acceptances for finished construction phases, especially on long projects.
- As a client: do not forget your reservations. The contractual penalty and known defects belong in the report.
- As a contractor: check for defects yourself before the appointment, prepare evidence and take photos.
- Clarify use: Anyone who moves in may start the 6-working-day period.
Frequently asked questions
Does acceptance always have to be formal?
No. It is formal only if one party requests it or the contract provides for it. Otherwise it can take place expressly, by conduct, or be deemed to have taken place.
When may I refuse acceptance?
Under VOB/B because of material defects (§ 12 para. 3), under the BGB only because of material defects (§ 640 para. 1 sentence 2). Minor issues do not stand in the way of acceptance.
What happens if the client does not react to my request?
If the client does not refuse acceptance within the deadline set, stating at least one defect, the work is deemed accepted under the BGB (§ 640 para. 2). For consumers, only if you pointed out the consequences in text form.
Who bears the burden of proof for defects after acceptance?
In principle the client. Before acceptance, the contractor bears the burden of proof that the work conforms to the contract (compare § 632a BGB).
Do I really have to reserve the contractual penalty in the report?
Yes. If the client has accepted the work, it can claim the contractual penalty only if it reserved it at acceptance (§ 11 para. 4 VOB/B).
Sources and status
- § 12 paras. 1 to 6 VOB/B – acceptance (2016 version, checked against the statutory text in the BauWalker corpus)
- § 11 para. 4 VOB/B – contractual penalty
- § 640 BGB – acceptance
- § 650g BGB – inspection of the condition when acceptance is refused; final invoice
- § 641 BGB – when remuneration becomes due; § 634a BGB – limitation
- Stand: 19.10.2026.
- Quotations of statutory text are given in translation; the German wording is authoritative.
How it works in BauWalker
BauWalker prepares documents such as the acceptance report (Abnahmeprotokoll) as drafts, and daily reports and defects stay easy to find in the project. You check and decide.
This material is for information and is not legal or tax advice. The specific consequences depend on your contract and the circumstances on the construction site.
Keep reading
Checklist: acceptance report (Abnahmeprotokoll) for construction work
Checklist and sample text for an acceptance report with defects list, reservations, contractual penalty, documents and signatures, to take over and adapt.
Warranty in construction (Gewährleistung): 4 or 5 years? VOB/B and BGB compared
How long defect claims for construction work take to become time-barred, when the period starts, what a notice of defects (Mängelrüge) achieves and which rights the client has.
Create documents – invoice, quote, change order
Invoice, quote, change order, letter and acceptance report: you describe the task in your language, BauWalker prepares the document in German.