✅ Acceptance and warranty

What acceptance does legally, when it is deemed to have taken place and how long claims for defects last: 2 or 5 years under the BGB, 4 years under the VOB/B.

acceptance warranty claims for defects limitation period § 634a BGB § 640 BGB VOB/B

In brief

With acceptance, the customer says: "The work is essentially in line with the contract." From then on the limitation period for claims for defects runs.

For buildings it is five years under the BGB.
For other work, such as maintenance or alteration of an item, two years.
If the VOB/B is agreed and nothing else is specified, four years apply to buildings.

Have the acceptance recorded in a protocol. If the customer does not react to a set deadline, acceptance can be deemed to have taken place. With consumers, a notice must be given beforehand.

Step by step

Announce completionTell the customer in writing that the work is finished and offer a date for acceptance.
Keep an acceptance protocolRecord the date, the people involved and any defects in writing.
Set a deadline for acceptanceOnly then can acceptance be deemed to have taken place if the customer stays silent.
Give consumers a noticePoint out the consequences of setting the deadline in text form.

Deadlines

2 years

Limitation period for work whose result consists of producing, maintaining or altering an item.§ 634a Abs. 1 Nr. 1 BGB

5 years

Limitation period for a building and for planning or supervision services for it.§ 634a Abs. 1 Nr. 2 BGB

3 years

Standard period for all other cases.§ 634a Abs. 1 Nr. 3 BGB, § 195 BGB

4 years

Buildings, if the VOB/B is agreed and no other period is specified (2 years for other work; 1 year for fire-exposed and flue-gas-insulating parts of industrial furnace installations).§ 13 Abs. 4 VOB/B (2016 version)

Watch out – common mistakes

The limitation period starts with acceptance (§ 634a Abs. 2 BGB). Without documented acceptance, the start is disputed.
If a defect is fraudulently concealed, the standard period applies, for buildings at least five years (§ 634a Abs. 3 BGB).
Whoever accepts a known defect keeps their rights only with an express reservation (§ 640 Abs. 3 BGB).

In depth · legal basis, figures and practice – for advisers and professionals

Acceptance

Under § 640 BGB, the customer is obliged to accept work produced in accordance with the contract. Acceptance may not be refused because of insignificant defects. Acceptance is deemed to have taken place if, after completion, the contractor has set the customer a reasonable period for acceptance and the customer has not refused acceptance within that period, stating at least one defect. If the customer is a consumer, the contractor must have pointed out the consequences to them beforehand in text form.

Limitation of claims for defects

§ 634a BGB distinguishes two years (producing, maintaining, altering an item), five years (building, planning or supervision service) and the standard period of three years (§ 195 BGB) for other cases. The limitation period starts with acceptance. In case of fraud the standard period applies, for buildings at least five years.

VOB/B

If the VOB/B is agreed, the limitation period under § 13 Abs. 4 VOB/B is four years for buildings and two years for other work, unless a period is agreed in the contract. For fire-exposed and flue-gas-insulating parts of industrial furnace installations it is one year. For rectification work, according to a search hit, a new two-year period begins with acceptance, which does not end before the main period expires. The source refers to the 2016 version; whether a newer version applies was not checked.

The customer's rights in case of defects

§ 634 BGB names subsequent performance, self-remedy, withdrawal, price reduction and damages. Details on order and requirements were not evaluated in detail here.

Who is responsible

Chamber of crafts (legal information)
Expert witnesses (publicly appointed and sworn) via the chamber
Lawyers specialising in construction and contract-for-work law

Quick questions

Worum geht es bei „Acceptance and warranty“?

What acceptance does legally, when it is deemed to have taken place and how long claims for defects last: 2 or 5 years under the BGB, 4 years under the VOB/B.

Which deadlines and figures matter?

2 years: Limitation period for work whose result consists of producing, maintaining or altering an item. (§ 634a Abs. 1 Nr. 1 BGB)
5 years: Limitation period for a building and for planning or supervision services for it. (§ 634a Abs. 1 Nr. 2 BGB)
3 years: Standard period for all other cases. (§ 634a Abs. 1 Nr. 3 BGB, § 195 BGB)
4 years: Buildings, if the VOB/B is agreed and no other period is specified (2 years for other work; 1 year for fire-exposed and flue-gas-insulating parts of industrial furnace installations). (§ 13 Abs. 4 VOB/B (2016 version))

What should I do first?

Announce completion: Tell the customer in writing that the work is finished and offer a date for acceptance.
Keep an acceptance protocol: Record the date, the people involved and any defects in writing.
Set a deadline for acceptance: Only then can acceptance be deemed to have taken place if the customer stays silent.

What do I need to watch out for?

The limitation period starts with acceptance (§ 634a Abs. 2 BGB). Without documented acceptance, the start is disputed.
If a defect is fraudulently concealed, the standard period applies, for buildings at least five years (§ 634a Abs. 3 BGB).
Whoever accepts a known defect keeps their rights only with an express reservation (§ 640 Abs. 3 BGB).

Evidence

§ 634a BGB, gesetze-im-internet.de, retrieved 20 September 2026
§ 640 BGB, gesetze-im-internet.de, retrieved 20 September 2026
§ 195 BGB, gesetze-im-internet.de, retrieved 20 September 2026
§ 13 VOB/B 2016 (lxgesetze.de and specialist article, search hits), retrieved 20 September 2026

As of

September 2026 · Sources and method

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