Hello Perlenmann,
If defects still exist at handover (which I assume), I must note them in the protocol. Am I protected by that? Am I allowed to move in anyway (if these are defects that do not prevent moving in)? Am I allowed to reduce the final payment by the amount for these defects (until they are fixed)?
No, not quite – until recently it was the case that moving in was considered the factual acceptance of the construction project. Only until recently, because in recent times there have been some changes in the legal understanding here.
I am currently overseeing a construction project where additionally a lawyer has been entrusted with representation. This lawyer recently let me know that my client can move in, BUT the protocol alone is not sufficient. She must inform the builder in writing that despite moving in she objects to acceptance and must state the reasons in the letter – for example, termination of the apartment, etc. – why she moves in despite defects.
Translated, this means for you that you should check the protocol for accuracy after joint inspection and then sign it. At the same time, you must draw up a letter corresponding to the above. It goes without saying that this effort should only be undertaken in the case of real defects. Remaining works, as always occur, do not fall under this.
Regarding the final payment, check the regulations of your contract. As a rule, this payment must be settled step by step – analogous to the remaining works. You need not worry that your claim for defects appearing in the future will then disappear into thin air. Through joint acceptance – I assume with the TÜV – visible defects are documented, which usually must be fixed within a 4-week period. If so-called hidden defects appear later, your builder’s warranty always applies ;)
Kind regards