Acceptance of condominium "conditionally"? Conduct a visual inspection?

Good day. I am a little uncertain and ask for help. Soon we will have the acceptance of our turnkey condominium from the developer. What do I have to include in the acceptance report if I have inspected the apartment by "visual inspection"? I can only carry out a visual inspection. As a layperson, I do not know what I have to check. I did get control lists, but I am very uncertain. An expert is not allowed to come along. Am I allowed to sign the acceptance report "under reservation"? Or should I write "a visual inspection was carried out and no defects were found"? The whole thing is complicated. There is a kind of "pre-inspection" where you are supposed to report defects that the developer will fix. Then the handover of the keys takes place. But I can only carry out a "visual inspection". An expert is only allowed to inspect once I am the owner, i.e. after the handover has taken place... I am really unsure how I should behave... Thank you erika

1. Your first appointment is completely voluntary and, to my knowledge, has no legal binding, as such an appointment is not provided for in any law. Therefore, there can be no acceptance protocol there; I would only sign a list of defects based on visual inspection (without claim to completeness and correctness, as it is only a layman’s visual examination). 2. Why are you not allowed to bring an expert to the official handover/acceptance? Where is that stated? For example, you are free to send a person you authorize as your representative and not attend the appointment yourself. 3. You are not yet owners even after the handover. Only after the registration in the land register!

1. Your first appointment is completely voluntary and as far as I know, has no legal binding, since such an appointment is not provided for in any law. So there can be no acceptance protocol there; I would only sign a defect list after a visual inspection (without claim to completeness and correctness, since it is only a layperson's visual inspection). 2. Why are you not allowed to bring an expert to the official handover/acceptance? Where does it say that? For example, you are free to send a person you authorize and not appear at the appointment yourself. 3. You are not the owners even after handover. Only after the registration in the land register!

Hello. So, now we had the defect inspection with the BT. I was totally desperate. -Inspection in the evening at dusk! -No light in the apartment -Heating was not turned on -Water was shut off -Windows still partly with adhesive residue

So it was difficult to inspect the apartment under these conditions. I therefore only carried out a rough visual inspection. I only found one scratch on a window pane and a small dent on the outside of a window sash.

Question: According to BT, the heating is also not turned on for the acceptance. He wants us to move in first and only then complain about defects.

If I now bring an expert to the handover, and he finds something, then I probably may not move in...

I am at my wits' end erika

asked you questions in the last post from last Saturday that you did not answer. I assume it will be the same in the other threads?!
Of course, you can't give concrete answers if some questions remain unanswered -> what would have happened if you had given your own expert the authorization for acceptance?
Could, could, could someone have advised you if they had known more details.

Then go without an expert, accept the apartment alone, move in! But if suddenly defects appear and everything is sh...t, don't complain to us.

Question: According to BT, the heating will not be turned on for the acceptance either. He wants us to practically move in and then only complain about the defects. If I now take an expert with me for the handover, and he finds something, then I presumably may not move in...

Since nerves are frayed, I hope this has calmed down a bit. From the abundance and nature of the questions, I get the impression that you are not sufficiently prepared/informed. The acceptance is probably still a little way off; but then it gets serious and the BT will by no means be friendlier at that appointment. You can make the struggle against your BT a life mission. For that you need time, sufficiently deep pockets, and a combative nature. But it’s really not fun at all. Regarding the situation: Where should the light in the apartment come from in the evening? Light and lamps were not sold with it. So why agree to such an appointment (proposal)? I already wrote: Handover and acceptance are not the same thing. Moving in and inspecting does not harm as long as acceptance has not taken place. When the acceptance is supposed to happen... we do not know. But: The BT will presumably not let you move in unless acceptance is also declared at the handover. In short: Acceptance "with reservation" (reservation of what? That there will be light?) is not possible. Specific defects must be specifically complained about. If this is disputed, the differing assessments must be recorded, and if necessary, a unilateral protocol subsequently sent to the BT in a verifiable manner, which, however, is the worst solution. Pay attention to § 640 II of the German Civil Code in acceptance. The BT has house rights until handover and can thus exclude third parties. But this is short-sighted by the BT: One can circumvent this at acceptance, as this is a so-called legal declaration, where representation is possible, see previous posts. It is advisable to issue a power of attorney for experts. And of course you may accompany experts (if it is not otherwise provided...). Acceptance in daylight! Not letting the owners into the apartment is a "show of force," but at most annoying and therefore effective. Then he does not get the final installment, etc. But none of this is fun. The contract situation is also important – and it is not known here. And you still have to survive the 5-year warranty period afterwards with the BT – but after acceptance with a changed burden of proof for defects. Possibly take 500 EUR in hand and have yourself advised by a (specialist) lawyer for condominium law. Or mess around somehow with dangerous half-knowledge from the internet. Or close your eyes and just move in, see above post from nordanney. Anyway: Good luck!