The acceptance of work is the transition of the execution of construction to the building utilization phase.
To differentiating is:
Public-legal acceptance of work was reduced in the course of several building code right novellas in all Lands of the Federal Republic. For the majority of the building projects controls only in a random sampling way take place.
With the cord stand acceptance a representative of the board of works examines - building tester, the situation of the future building at property, marked by a as well as the altitude regarding its agreement with the building permit and/or other regulations.
here after a request submitted by the owner after completion of the carcass an examination is made by the chief building authority. The carcass is considered as finished, if all statically necessary construction units, as well as fire-places and roof structure are implemented, thus the stability, which sound and thermic protection and the fire safety can be judged.
The conclusion acceptance is made after completion of all construction work necessary for the establishment of the building and a certificate by the function of the heater and chimney installations and documents thus the possibility of the use use. (Living grant - trade use)
The details depend on the agreements of the Contracting Parties, among other things whether the VOB is agreed upon or alone the BGB applies.
The acceptance has to take place after verbal or written request of the contractor (building contractor) within in the VOB specified period. A condition is (large) and (essentially) faultless completion building works and supplies with the acceptance is lost the requirement of the client on asserting of an agreed upon contractual penalty, as far as it does not reserve itself this right.
The contractor explains expressly that he removes the achievement. Usually in the context of a formal acceptance.
Acceptance under presence of contractor and client (owner) or its representative (architect). After request the acceptance has to likewise take place within one period from 12 days to. The formal acceptance can be already agreed upon as only kind of acceptance in the building contract, here is accurately definable contrary to all other kinds of acceptance the date for the acceptance (beginning of the guarantee period).
The formal acceptance is held from arguments generally in a test report. That gives greatest possible right security to the client and the contractor (owners).
Contents of the test report: Title: "Formal acceptance from building works and supplies to VOB part of B "§ 12 "
The tacit acceptance takes place via conclusive acting via the client (owner), e.g. via the complete payment of the final account (or partial final account for a part delivery) or on use of the building or the achievement via the client.
Fictitiously removed building works and supplies apply if on adherence to the conditions despite written request of the contractor to the client (owner) on acceptance, which AG does not accomplish the acceptance within the intended period.
This period applies likewise, if after entrance of the final account to the client (owner) still no acceptance took place.
If the client takes the achievement without acceptance taken place in use (e.g. by purchase of a single family house), then the achievement applies as removed after one period of six days (acceptance fiction).
The total acceptance is the rule.
Only for parts closed in itself the contractor can require a partial acceptance
Upon the request of the contractor parts, which are later no longer examinable, are e.g. the armouring of a reinforced concrete compound unit to decrease first technically. Thus no passage of the risk is connected, but a reversal of the burden of proof. Up to the acceptance the contractor has to prove the faultlessness, starting from the acceptance has to the AG of stated lack to prove. Technical acceptance are accomplished generally by the appropriate (specialized) planners such as architect, engineers etc.
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