Handover protocol
A written record of the acceptance of the works documenting defects, reservations and meter readings; an important basis of evidence.
In the handover protocol the client and the contractor record the condition of the works at acceptance. Recognisable defects should be documented specifically and with photographs and expressly reserved, otherwise the reservation may later be hard to prove.
The protocol facilitates the subsequent notice of defects and the enforcement of warranty claims. It does not replace legal review, however: signing without reservation can limit rights, so in case of doubt advice should be sought before signing.
More on baurecht-anwalt.at
- Notice of defects and deadlines for construction: how to give effective notice
- Construction defects after handover: what building owners can claim now
Legal basis
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your construction project are always decisive.
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Handover
The acceptance of the completed works by the client; a key moment for the remuneration falling due, the passing of risk and the start of the warranty period.
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Notice of defects
The complaint by which the client points out defects to the contractor; between businesses it must be given without undue delay (section 377 UGB).
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Warranty
The statutory, fault-independent liability of the contractor for defects that the works already had at handover (sections 922 et seq. of the Austrian Civil Code, ABGB).
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