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Handover and notice of defects

Acceptance of the works, the handover protocol, timely notice of defects and dealing with hidden defects.

The acceptance of the works is a legally critical moment. With it the passing of risk, the due date of the remuneration and often also the burden of proof shift. Anyone who is unprepared here gives away rights.

We support you at the acceptance, with the handover protocol and with the timely notice of defects. In this way you preserve your claims without unnecessarily blocking the construction.

Acceptance and its consequences

With acceptance the risk generally passes to you and the remuneration falls due. In addition, the burden of proof can shift: for defects alleged later you may have to prove that they were already present at handover. Apparent defects should therefore be recorded in the protocol.

The handover protocol

The handover protocol records the condition in which the works are accepted. Enter all apparent defects and outstanding works and expressly reserve their remediation. A careful protocol is strong evidence in the event of a dispute.

  • date, parties and the scope of works accepted
  • all apparent defects with a clear description
  • outstanding works and the agreed deadlines
  • express reservation of the remediation of defects

Timely notice of defects

In dealings between businesses the UGB (Austrian Commercial Code) requires immediate notice of apparent defects, otherwise the goods are deemed approved. In relation to consumers the position is milder, but a prompt, written notice that secures the evidence is always advisable. Hidden defects must be notified once they become apparent.

How we support you

  • preparation for and attendance at the acceptance
  • legally sound drafting of the protocol and the reservations
  • drafting a notice of defects that preserves the deadline
  • enforcement of rights in the case of hidden defects

This article provides 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.

Frequently asked questions

What clients often ask.

Do I have to accept defective works? +
For only minor defects you usually cannot refuse acceptance, but you should record the defects in the protocol and reserve them. For material defects that prevent intended use, acceptance can be refused. The distinction is delicate and should be clarified.
What happens if I overlook a defect at acceptance? +
Apparent defects that are not notified can be deemed approved, especially in business dealings. Hidden defects, by contrast, remain open to notice as soon as they become apparent. A careful protocol and a prompt subsequent notice are therefore important.
How quickly must I give notice of defects? +
In dealings between businesses the duty to give immediate notice under the UGB applies. Towards consumers this strict duty does not exist, yet you should give notice promptly, in writing and in a way that secures the evidence, to avoid dispute about the timing.
What applies in an acceptance without a protocol? +
Even without a protocol you can assert defects, but you then bear a higher evidential risk. Record the condition afterwards with photos, witnesses and a written notice. In future a written protocol at acceptance is always recommended.
Related topics

This may also be relevant to you.

Construction defects and warranty

Identify, notify and enforce defects in the building. Remedy, price reduction, rescission and the warranty periods under Austrian civil law.

Construction litigation and evidence preservation

Secure evidence before it is built over: judicial preservation of evidence, court experts and the preparation of construction litigation.

Construction contract and remuneration

Works contract, lump-sum and unit prices, additional orders, final invoice and enforcing or defending remuneration claims.

Defects, a remuneration dispute, looming litigation?

In construction law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.

+43 662 6280000 [email protected] Book initial consultation (72 euros)
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg