Definition or start of acceptance

Good morning everyone,

Question about acceptance:

From when is a prefabricated house with a construction contract considered accepted according to the Building Code?

If I sign a protocol with the subcontractor (heating engineer) during the briefing on the heating system, where minor defects are listed. However, a defect-free acceptance is not checked. (Keyword visible and non-visible defects)?

Or when the official handover of the house is carried out by the prefabricated house company or the site manager with final key handover and the corresponding protocol?

Is there also something like a silent acceptance by me if I already perform minor work in the house in advance (after verbal agreement with the house building company)?

For example, drilling holes for ceiling spotlights, having the photovoltaic system on site prepared already, as long as the scaffolding is still standing?

So generally, acceptance always takes place between the contracting parties, that is, between the client and the contractor. An instruction on a heating system does not count as acceptance. On the day of acceptance, a protocol is drawn up that includes defects and outstanding work. From the joint signature onwards, the building is accepted and the burden of proof is reversed. This is regulated by law in the VOB. Small works do not constitute acceptance. However, there is already a de facto acceptance if I pay the full price or use the house without acceptance. Generally with [Bauträger] though: acceptance appointment with protocol.

If you move in, for example, the house is considered accepted. If you want to do work on trades where there are still defects, I would clarify that beforehand. (Silly example: the screed has defects, you lay the floor) So if you are satisfied with the roof, it should be no problem to slap photovoltaic panels on it.

Well, that's not entirely true .. if you move in without drawing up a written statement, it is considered acceptance .....

otherwise, as a layperson, one might think that moving in is only allowed when everything is free of defects.
This is then called acceptance subject to defects.

and the full payment is also not correct, as the regulations differ between VOB and the Building Code. The devil is, as always, in the details, it's best to ask a lawyer about it
It doesn't cost the earth

We were made aware by the site manager when organizing some shelves in the storage room and storing our tools for the EL that it could be considered as implicit acceptance. Our site manager said this with a wink. However, this also means that other construction companies would rely on it if not agreed otherwise.

and the fact that payment of the full price is not correct either, because the regulations between VOB and the Building Code are different. The devil is always in the details, it's best to ask a lawyer about that. It doesn't cost the earth.

I find it problematic to claim that something is not correct and then say: "but ask a lawyer." The hourly rate is likely three digits! There are clear regulations, which can be read in the VOB and the commentaries. For example, 6 days after commissioning = accepted. Payment of the full purchase price without reservation = accepted. Please be careful with such statements!!!!! Acceptance in construction is a very, very important procedure!!