Snagging in Germany: Bauabnahme, the Mängelprotokoll and the 5-year warranty
The German word for the snagging moment is Abnahme — the formal acceptance of the work. The snag list is the Mängelprotokoll or Abnahmeprotokoll. It matters more than in most countries, because acceptance changes your legal position in several ways at once.
Why the Abnahme matters
- The warranty period starts running.
- The burden of proof moves: before acceptance the contractor must show the work is right; after it, you must show it is wrong.
- Payment of the final instalment generally falls due.
- Known defects must be reserved. If you accept the work knowing about a defect and do not reserve it in the protocol, you can lose key rights over it. This is the single most important rule.
Note also that acceptance can happen without a signature: if you do not respond to a notice that the work is finished, it can be treated as accepted. Do not ignore that letter.
How long the contractor is liable
- Five years from acceptance for building work under a standard BGB contract.
- Four years where the VOB/B terms have been validly agreed as a whole.
Writing a protocol that holds up
German courts expect a defect notice to be precise enough that the contractor can find and fix the problem without further enquiries. In practice that means:
- Exact location — room, wall, axis or plan reference.
- What is wrong, objectively, and what the contract or standard required.
- A dated photograph for every item.
- A reasonable deadline for the repair.
Many buyers bring an independent expert (Sachverständiger) to the Abnahme. A protocol pinned to the drawings, with photos, is exactly what they will produce — see how to write a site inspection report.
This is a general guide, not legal advice. Periods and rules change, and your own contract can add to them — check it, and take professional advice before relying on a deadline.