Building acceptance of new construction despite missing heat pump. Significant defects?

I would do it exactly as 11ant suggested: A final acceptance can only take place when all services have been provided: Without (definitive) heating, this is not given. I would only pay the remaining amount when everything is finished.

Yes, 11ant showed me a good way. I also agree with you that acceptance can only take place when all contractually agreed works are completed, and this is not the case here with the heating system. Thank you also for your feedback.

Yes, 11ant showed me a good way. I also see it the same way as you, that acceptance can only take place when all contractually agreed works are completed, and this is not the case here with the heating system.

With this, you may be liable for damages in case of doubt. It is about readiness for occupancy – and this can be given with a provisional heating system. It is not that simple – see 640BGB and relevant case law regarding refusal of acceptance due to minor defects (and a functioning heating system, even if not exactly the ordered device, could be considered a minor defect).

Wrong. Occupancy readiness means that proper use of the apartment/house must be possible. It must be reasonable for you to move into the house. For this, a heat pump does not have to be present if the developer – as stated – provides a provisional alternative. So a substitute heating system. However, he could be held responsible, for example, to cover higher heating costs.

But what about the provisional solution for hot water, for example? Do I then have to agree to instantaneous water heaters throughout the entire house? And do I have to agree that 136 sqm of living space is heated with electric heaters? Is this reasonable to a certain extent? And how long can this situation last? I would then document the missing heat pump as a defect in the acceptance protocol at the handover. What deadline is appropriate here? My concern: the heat pump will only be available in months.

In this case, you might be liable for damages. It is about readiness for occupancy – and that can be given with a temporary heating system. It’s not that simple – see §640 BGB and relevant case law regarding refusal of acceptance due to minor defects (and a working heating system, even if not exactly the ordered device, could be considered a minor defect).

I don’t see it that way: The question is how the temporary solution looks – only after that can it be assessed whether occupancy is possible. Nobody here says that living with a temporary solution is not possible for the time being. But it is up to the builder to explain more precisely how this should work. A final acceptance can certainly only take place after complete completion – and it is equally clear that the entire remaining balance is not due.

In doing so, you may be liable for damages if necessary. It is about readiness for occupancy - and that can be given with a temporary heating system. It's not that simple - see 640BGB and relevant case law regarding refusal of acceptance due to minor defects (and a functioning heating system, even if not exactly the ordered device, could be considered a minor defect).

Thanks also to you for these new aspects.

So then carry out acceptance and document the absence of the heat pump as a defect and set a deadline? I have already asked the question above. How long is such a situation reasonable? Do I have to allow the developer several weeks or months for this, or are the usual 14 days sufficient?

But what about the temporary solution for hot water, for example?

That’s why my post #18.

Do I then have to agree to instantaneous water heaters throughout the entire house?

That’s nonsense. For that, the entire electrical system would have to be changed and new wiring would have to be installed.

And do I then have to agree that 136 sqm of living space is heated with electric heaters? Is that reasonable to a certain extent? And how long can this condition last?

Once again: QUESTIONS!!! The builder should tell you what he is planning. Maybe he will provide you with a provisional mobile heat pump. Those things can also be rented as a temporary heating solution. They are mobile devices.

I would then have the missing heat pump documented as a defect in the handover protocol at acceptance.

Definitely!

I don’t see it that way: The question is asked how the temporary solution looks like – only afterwards can it be assessed whether occupancy is possible.

That’s exactly what I wrote in #18.

No one here says that you cannot live with a temporary solution initially.

In #19 the OP says he wants to refuse acceptance because the heat pump is missing. And that can generally lead to the consequence I mentioned. The topic of acceptance in construction law is (unfortunately) not that simple.

It is just closer to the builder to explain how this should be done. A final acceptance can certainly only take place after complete completion – and it is also crystal clear that the entire remaining amount is not due.

Yep. Fully agree.

So then carry out acceptance and document the missing heat pump as a defect and set a deadline?

First ask the builder what he intends to do. Then consider what you will do. Once again: Don’t plan anything concrete now before you know what will actually happen. Neither simply accepting nor refusing acceptance can anyone advise you at this point.