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Acceptance record under VOB/B: the template that does not forget the reservations

Acceptance shifts the burden of proof, the risk and the time limits. The record is the document against which everything is measured years later — this template leads in seven parts through what belongs in it on the day of acceptance.

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A working aid by Open Experience GmbH. Last updated: September 2026

What is the acceptance record?

The acceptance record documents the acceptance of construction work under § 12 VOB/B: who took part, which work is being accepted, whether acceptance is declared or refused, which defects and outstanding work were identified with which deadline, which reservations the client declares — in particular for known defects and the contractual penalty — and when the limitation period for defect claims begins. The template is meant as a Word file to fill in on the day of acceptance; the explanations on this page say for every field why it matters.

Legal framework: Germany (Civil Code BGB, construction contract rules VOB/B, fee schedule HOAI). Other countries have different rules, and contractual agreements take precedence over the standard periods named here.

Download the template

Word file to fill in on screen or by hand, PDF to print. Seven parts, blank tables for defects and outstanding work, signature fields.

Download PDF · EnglishDownload Word file · English

Last updated: September 8, 2026 · No form, no sign-up.

Non-binding sample, not legal advice. Contractual agreements and the individual case take precedence. Check contractual basis, time limits and reservations before signing; seek legal advice if acceptance is refused or major defects are disputed. German law.

How to work with the template

  • Prepare before the appointmentFill in part 1, pre-populate parts 3 and 4 with known defects and outstanding work from the running defect list. Whoever arrives at the inspection with a blank sheet forgets the most on the day.
  • Complete on the day of acceptanceEnter findings immediately, number the photos, have everyone sign the record on site. A record "reconstructed" days later loses its evidential value.
  • Every defect on its ownLocation, symptom and deadline per line. A collective line "various defects" is worthless in a dispute. Outstanding work belongs in part 4, not in the defect list.
  • Tick reservations, do not imply themKnown defects and the contractual penalty are expressly reserved (part 5). What is not written there counts as not reserved.
  • Copy against receiptEvery party receives the signed record; handover on site against signature or provable dispatch. The date in part 6 is the most important number of the project.

What is not in the record was not identified and not reserved at acceptance — and is therefore usually lost.

Part 1 — parties and subject

Assigns the record to the right contract. For partial acceptances it must be clear which self-contained part is meant.

  • Construction project[Name and address of the construction project]
  • Contract[Contract / lot / trade, contract date, contractual basis: VOB/B or BGB]
  • Client[Company; represented at acceptance by — name, function]
  • Contractor[Company; represented at acceptance by — name, function]
  • Other participants[Site supervision, specialist planners, experts — name and role]
  • Subject of acceptance[Entire work or partial acceptance under § 12 (2) VOB/B — which self-contained parts of the work]
  • Place, date, time[Place], [date], [start – end of the inspection]
  • Request for acceptance[Notice of completion or request for acceptance by the contractor, received on — date; time limit under § 12 (1) VOB/B: twelve working days]

Part 2 — declaration of acceptance

The core of the record: is the work accepted, accepted subject to reservations, or is acceptance refused? The client may refuse only for major defects (§ 12 (3) VOB/B) — and must name them specifically.

  • Type of acceptance☐ Formal acceptance (§ 12 (4) VOB/B) ☐ Partial acceptance (§ 12 (2) VOB/B)
  • Result☐ The work is accepted. ☐ The work is accepted subject to the reservations in parts 3 and 5. ☐ Acceptance is refused because of major defects (§ 12 (3) VOB/B).
  • If refusedMajor defects justifying the refusal: [reference to the numbers in part 3]. New acceptance date: [date]. Joint determination of condition under § 650g BGB: [agreed on / carried out on]
  • Legal consequencesWith acceptance, risk and burden of proof pass to the client (§ 12 (6) VOB/B); acceptance is a prerequisite for the final payment falling due (§ 641 (1) BGB, § 16 (3) VOB/B) and the start of the limitation period for defect claims (part 6).

Part 3 — defects identified

One line per defect: a locatable place, the symptom (not the presumed cause), a deadline as a calendar date and the photo reference. The rows below are fictitious examples; the file contains blank rows.

No.Location (building, storey, room)Defect — what can be seenDeadline for rectificationPhoto / remark
1Ground floor, corridor 0.12Tiled floor: two hollow spots in front of the door, joint crack about 40 cm30 September 2026Photos 3 and 4
21st floor, group room 1.03Window sash does not close tightly, gasket visibly crushed30 September 2026Photo 7
3Outdoor area, north sidePlinth connection of the facade: render spalling about 30 × 20 cm15 October 2026Photo 9, taken in rain

Name major defects that justify a refusal in part 2. Defects the client knows of and accepts nevertheless must be reserved in part 5.

Part 4 — outstanding work

Work not yet performed is not a defect: it remains owed, receives a completion date and is accepted separately. Fictitious examples.

No.Work (bill item)ExtentCompletion byRemark
1Skirting boards, ground-floor corridor (item 04.12)about 18 m26 September 2026Material on site
2Briefing on the ventilation system (item 09.30)1 appointment with the operator2 October 2026Submit the briefing record afterwards

Outstanding work remains open until it is performed and accepted — it is no reason to refuse overall acceptance if the work is essentially complete.

Part 5 — reservations

The lines most often missing and most expensive. A reservation is an express declaration, not a subordinate clause.

  • Contractual penalty☐ The client reserves the contractual penalty for [exceeding the completion date by … working days / other reason]. (Under § 11 (4) VOB/B a reservation until final payment suffices; under § 341 (3) BGB it must be declared at acceptance — the reservation in the record is the safe route.)
  • Known defects☐ The client reserves its rights in respect of the defects listed in part 3 (§ 640 (3) BGB).
  • Further reservations☐ [e.g. outstanding test certificates, as-built documents, briefings, maintenance instructions — name specifically]
  • Declarations by the contractor[Objections or differing views — naming the declaring person; a refused signature is noted here]

Part 6 — time limits after acceptance

The limitation period for defect claims starts on the date of acceptance. Which period applies is set out in the contract — and belongs here in one line.

  • Start of the limitation periodDate of acceptance: [date]
  • Limitation period for defect claims☐ 4 years for buildings (§ 13 (4) no. 1 VOB/B) ☐ 5 years (§ 634a (1) no. 2 BGB) ☐ contractually agreed: [period] — end of the period: [date]
  • Deviating periods[e.g. 2 years for mechanical and electrical installations without a maintenance contract under § 13 (4) no. 2 VOB/B — name components and end of period]
  • Security for defect claims☐ agreed: [type, amount, return after expiry of the period on — date] ☐ not agreed
  • RectificationFor rectified work a new period of two years runs from acceptance of the rectification, ending no earlier than the regular period (§ 13 (5) no. 1 sentence 3 VOB/B). Rectifications from part 3 are entered here with date: [no., accepted on]

Part 7 — signatures and distribution

Signing takes place at the end of the inspection, on site. If a party refuses to sign, this does not change the client's declaration of acceptance — the refusal is noted in part 5.

  • Client[Name, function] — place, date, signature
  • Contractor[Name, function] — place, date, signature
  • Site supervision / other participants[Name, function] — place, date, signature
  • Attachments☐ Defect list with photos ☐ Drawing extracts ☐ Measurement ☐ List of documents handed over ☐ [others]
  • Distribution and receipt[Recipient per copy; handover on site against signature or provable dispatch on — date]

The most expensive mistakes at acceptance

Contractual penalty not reserved

Under BGB contracts it is gone (§ 341 (3) BGB); under VOB/B only the reservation until final payment remains.

Known defects without reservation

Whoever knows of a defect and accepts without reservation loses supplementary performance, price reduction and damages for it (§ 640 (3) BGB).

Defects without a deadline

A defect without a calendar date sets nothing in motion.

Outstanding work as a defect

Confused, owed work becomes a warranty case with the wrong time limit.

Record days later

Written from memory, without the contractor's signature — assertion instead of evidence.

How to do it right

On the day of acceptance, on site, every defect on its own, reservations ticked, all signatures, copy against receipt — finished before anyone leaves the site.

Acceptance in the morning, record before leaving the site

In Construction Defects, the defect management application, the acceptance inspection becomes the record: every defect is captured with photo, location and deadline, reservations and signatures go onto the tablet, and the PDF goes to all participants with a timestamp before anyone leaves the site. The defects identified continue into the warranty period without being transferred.

See Construction Defects

Frequently asked questions

What is the difference between acceptance and handover?

Handover is the factual process — keys, documents, briefing. Acceptance is the legal declaration that the work is essentially in conformity with the contract. A handover record is therefore only an acceptance record if it contains the declaration of acceptance; label the document clearly.

Does the contractor have to sign?

No. Acceptance is a declaration by the client; it does not become ineffective because the contractor refuses to sign. Note the refusal in part 5, have the other participants sign and deliver the record in a provable way.

When may acceptance be refused?

For major defects (§ 12 (3) VOB/B). The refusal must be reasoned and documented — with specific defects from part 3, not with general criticism. For the condition until the new date there is the joint determination of condition under § 650g BGB.

What about deemed acceptance?

Under § 12 (5) VOB/B the work is deemed accepted twelve working days after written notice of completion or six working days after the client starts using it, if no acceptance was requested — without record, without identification of defects, without reservations. That is exactly why formal acceptance is worth it.

Does the template also apply to BGB contracts?

In substance yes: acceptance and reservation of known defects follow from § 640 BGB, the limitation period is five years (§ 634a BGB), the contractual penalty must be reserved at acceptance (§ 341 (3) BGB). Tick the BGB period in part 6 and strike out the VOB/B references.

How long must the record be kept?

At least until the longest limitation period in part 6 has expired — considerably longer because of possible secondary liability and rectification periods. The record is the inventory against which every later defect notice is measured.

Sources and legal basis

The legal statements in this article are based on the primary sources listed below. The article is not a substitute for legal advice in an individual case.

The record that is finished on the day of acceptance.

In 45 minutes we show a complete acceptance — from the inspection to the signed record that all participants receive while still on site.

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