Unit handover: inspection, protocol, defects and time limits
The most common mistake in a unit handover (přejímka bytu) from a developer is not an overlooked defect but a defect recorded without a deadline: the protocol says “scratched window sill in the bedroom”, and nowhere is there a date by which it is to be gone. A line like that is a wish list, not an obligation. This text describes how we run the handover of units in the projects we represent — what must be ready before the door is unlocked, what belongs in the protocol and which time limits start to run with the signature. It ends with a checklist by room and by trade.
Unit handover from a developer: what is actually taken over
Three different things meet within one hour, and each follows a different regime.
The unit as the subject of the purchase. What is taken over is exactly what the owner’s declaration (prohlášení vlastníka) defines: the unit number (číslo jednotky), the storey (podlaží), the rooms, the share in the common parts (podíl na společných částech), the ancillary spaces (příslušenství). If the unit number in the protocol differs from the number in the declaration and in the price list (ceník), the record has nothing to attach to. In the projects we run, a unit numbering scheme (číselník jednotek) is therefore created before the first price and never changes afterwards.
The building work. Plaster, floor, window, wiring and pipework, joint. The workmanship is assessed against the documentation, the specification standard (standard vybavení) and the client change sheet (změnový list) — not against an idea of what it should be.
Operation. Keys and fobs, meter readings, inspection reports (revizní zpráva), contact details of the building manager (správce domu).
The handover inspection (přejímka) is not a transfer of ownership. Ownership arises on entry in the Land Registry (katastr nemovitostí); the registration proceedings (vkladové řízení) cannot end with the entry before the protective period (ochranná lhůta) of 20 days has elapsed, during which, under § 18(1) of Act No. 256/2013 Coll., on the Land Registry (katastrální zákon), the cadastral office (katastrální úřad) must not approve the registration. Signing the protocol marks the passing of the risk of damage to the thing (přechod nebezpečí škody na věci), and the time limits for notifying defects (vytknutí vad) start to run. The date and time on the first sheet are therefore not a formality.
What must be ready before the door is unlocked
A handover that is prepared on the day of the handover gives itself away: the protocol is being finished on the window sill. Six things should be ready beforehand.
- The owner’s declaration or its draft — because of the unit number and the definition of the cellar (sklep) and the parking space (stání).
- A dimensioned floor plan, the same drawing from which the unit was sold. The protocol then refers to a room as it is named in the drawing, not by what anyone happens to call it.
- The specification standard and the change sheet. Without them, it cannot be decided whether a different type of switch is a defect or an order.
- The record of removal of the defects from the inspection between the developer and the contractor (zhotovitel). The buyer should not be the first person to climb a stepladder in the unit.
- Inspection reports and the energy performance certificate (průkaz energetické náročnosti, PENB). The owner hands the energy performance certificate of the building over to the buyer no later than at the conclusion of the contract; failure to hand it over carries a fine of up to CZK 200,000, for a natural person and a legal person alike. It should be in the folder, not in a promise.
- A protocol form with a pre-filled title block (popisové pole) — project, building, unit number, storey, date, time, number of sheets.
The whole sequence from reservation to this day is described in the text on how buying a flat from a developer works.
The handover protocol: the fields that decide
The handover protocol (předávací protokol) for a flat is a short document in which five fields carry all the weight: identification of the unit, date and time, the list of defects and unfinished work with deadlines, meter readings, and signatures stating each signatory’s role.
How to record a defect so that it can be removed
The entry “bathroom — unfinished work” is unenforceable. Each line should contain four items: where, what, by when, who.
- Poor: “Damaged window sill.”
- Better: “M.05 bathroom, tiling by the bath, grout missing over a length of approx. 40 cm; to be removed by 24 October 2026; contractor.”
- Better still: the same plus “see fig. 12”.
We number the photographs and write the numbers into the line. It is the logic of a drawing: the text refers to a picture, the picture has a number, the number is never repeated. Without this, two months later nobody can agree which of the three scratches was supposed to be dealt with.
Defect, unfinished work and deviation within tolerance
A defect (vada) is workmanship that does not correspond to the contract, the documentation or the standard. Unfinished work (nedodělek) is work that has not been completed: a piece is missing, not quality. A deviation within tolerance (odchylka v toleranci) is a difference that the standard permits — and it tends to be the most disputed.
The Czech technical standard ČSN 74 4505 distinguishes four classes of local floor flatness measured with a two-metre straightedge: TR 1 up to 2 mm, TR 2 up to 4 mm, TR 3 up to 8 mm, TR 4 up to 16 mm. Which class the floor must meet is determined by the design and the specification standard. Until this figure is stated in the protocol, a dispute about an “uneven floor” cannot be resolved. That is why we bring a two-metre straightedge and a measuring wedge to handover inspections, not just a pencil.
New-build defects: what is dealt with at once and what only after moving in
Defects in a new build (novostavba) are divided according to when they can be discovered, and the time limits follow from that.
Apparent defects (zjevné vady) can be found during the inspection: scratched glass, a missing socket, a door that does not close, a damp joint. Under § 2112 of Act No. 89/2012 Coll., the Civil Code (občanský zákoník), if the buyer does not notify a defect without undue delay after they could have discovered it by a timely inspection and sufficient care, the court will not grant them the right arising from defective performance (právo z vadného plnění) if the seller objects to the late notification (opožděné vytknutí). The protocol is exactly that moment.
Hidden defects (skryté vady) only show up in use: water ingress after the first heavy rain, cracks after the start of the heating season, noise from pipework. They cannot be found during the handover inspection, and nobody expects anyone to find them.
Defects in the common parts — roof, gates, ventilation — are dealt with by the owners’ association (společenství vlastníků), not by an individual buyer. The slowest route of all.
Worked example: what an extra hour costs
Model unit: 2+kk (two rooms plus a kitchenette), 54 m², model purchase price CZK 9,800,000, not a specific project.
- A handover inspection with a building inspector costs from CZK 6,400, a repeat inspection after the defects have been removed CZK 4,900; a flat takes 1–2 hours.
- Together CZK 11,300, i.e. 0.12 % of the purchase price.
- The average inspection record with an inspector contains 27 defects. In one Prague unit there were 47; without the inspection, the buyer would have noticed three at most.
The difference between three and forty-seven lines does not lie in the buyer’s attentiveness. It lies in the fact that the inspector arrives with a straightedge, a moisture meter and a thermal camera and knows where mistakes are made in the given structural system.
Time limits that start to run when the protocol is signed
| What | Time limit | Source |
|---|---|---|
| Notification of an apparent defect | without undue delay | § 2112 Civil Code |
| Notification of a hidden defect of a building by the buyer | 5 years from acquiring the ownership right | § 2129(2) Civil Code |
| Presumption of defectiveness (domněnka vadnosti) for a consumer | defect within 2 years of the passing of risk | § 2129(3) Civil Code |
| Hidden defect of a building in relation to the contractor | 5 years from taking over the building | § 2629(1) Civil Code |
| Hidden defect of a work in general | 2 years from handover | § 2618 Civil Code |
| Removal of defects recorded in the protocol | as agreed; for a consumer 30 days from making the complaint (reklamace), unless the parties agree on a longer period | protocol, purchase agreement (kupní smlouva), § 19(3) of Act No. 634/1992 Coll., on Consumer Protection (zákon o ochraně spotřebitele) |
The five-year time limit does not mean five years of peace. Running alongside it is the obligation to notify a defect without undue delay after the buyer could have discovered it, and missing this second time limit takes rights away regardless of how much of the five years remains. The presumption of defectiveness within two years, on the other hand, is a strong tool: the burden of proof lies with the seller.
Moreover, it is not only the contractor who is liable for defects in a building. The subcontractor, the designer (projektant) and the person performing construction supervision (stavební dozor) are jointly and severally liable with the contractor (§ 2630 Civil Code). For the developer, this means that a complaint from the protocol has more than one address; for the buyer, that their counterparty remains the seller.
Retention: how much to withhold and why more does not help
Retention (zádržné) is the part of the purchase price that remains in escrow until the defects from the protocol have been removed. For the unit from the model above:
- Model retention of 1 % of CZK 9,800,000 = CZK 98,000.
- Re-sanding and a new wearing layer in two rooms totalling 28 m² at a model CZK 1,200/m² = CZK 33,600. The retention covers it.
- Replacing three windows including the making good of the masonry, in the model in the order of CZK 120,000. It does not cover it.
Retention therefore works for finishing work, not for structural interventions. For defects that are expensive by their nature, it is more effective to agree a deadline and a contractual penalty (smluvní pokuta) for missing it than to withhold a higher amount which the developer will not accept and on which the contract will stall.
Retention is tied to the escrow of the purchase price (úschova kupní ceny). The escrow agreement (smlouva o úschově) must state what constitutes the instruction to release the withheld amount — most often a record of removal of the defects signed by both parties — and what happens if no agreement is reached. In templates, this field is often left blank, and the retention then freezes for both parties.
Meter readings, keys and the first week of operation
The dull part of the protocol, and the one that gives rise to the most later disputes. For each meter, its number, reading and date are recorded: the electricity meter, the cold and hot water meters, the heat cost allocators (poměrové měřiče tepla) on each radiator. For each, one photograph with a serial number; without the meter number, the bill cannot be defended retrospectively. For keys and fobs, the protocol should state the number of pieces for each lock, not the word “handed over”. And one thing the buyer should learn at the handover, not in January: whoever acquired the unit in year N files the immovable property tax return (přiznání k dani z nemovitých věcí) by 31 January of year N+1.
Where our approach has a weak spot
In the projects we run as the sale of a development project, we insist that the handover to buyers is preceded by a handover inspection between the developer and the contractor and that the defects found in it are removed. This has drawbacks, and there is no point in hiding them.
It pushes back the handover date: one round of defect removal and one repeat inspection are counted in weeks rather than days. Some buyers would rather take the keys straight away and claim the defects from a flat they have already moved into. That is a legitimate choice, and we have no way of offering it without loosening the procedure for everyone else. Handovers also run in blocks, in order of storeys and risers, because that is how the technical supervision (technický dozor) and the trades are available — the buyer cannot pick the day freely.
The second point is harder to admit: the protocol is drawn up on our side of the table. That is why it is signed for the seller by a representative of the contractor or the technical supervision, not by us, and why we recommend that buyers bring their own inspector — even though the inspection takes us an hour longer and the protocol gains twenty lines of work. Whoever brings an inspector gets a better protocol. Whoever does not gets ours.
Annex: checklist for the handover inspection by room and by trade
The checklist is a sheet, not a note. It is printed twice, the title block is filled in at the top, and the ticked items are transferred into the protocol with a reference to the photograph number.
Title block of the sheet: project · building and entrance · unit number according to the owner’s declaration · storey · date and time · participants by role · number of sheets · version number.
A · By trade
A1 Building work and surfaces
- Floor flatness with a two-metre straightedge in every room, record the deviation in mm
- Cracks where materials meet (plasterboard — masonry)
- Wall and floor tiles: tile layout according to the design, cut pieces, trims
- Paintwork: coverage against the light from the window, transitions, edges
A2 Floors
- Skirting board: connections, gaps in the corners
A3 Windows, doors, hardware
- Open, tilt and close every casement: operation and closing
- Seals around the entire perimeter, without breaks or overlaps
- Window sills: fall and connection to the reveal
- Entrance door: hardware, number of keys, all lock positions
A4 Electrical
- Number and position of sockets against the drawing, one by one
- Function of every lighting circuit
- Distribution board: circuit breaker labels legible and matching reality
- Electrical installation inspection report: date and number
A5 Plumbing
- Drains: fill and empty the washbasin, bath, shower
- Taps: operation, temperature, dripping at the connection
- Silicone joints at the bath and shower
- Fall to the drain in the shower, check with water
A6 Heating and ventilation
- Radiators: number, position, bleeding, thermostatic heads
- Heat cost allocators: number and reading on each radiator
- Bathroom and WC ventilation: function, overrun, noise
A7 Meters and documentation
- Electricity meter, cold and hot water meters: number and reading
- Inspection reports, manuals, warranty cards, energy performance certificate
- Contact details of the building manager and the address for written complaints
B · By room
B1 Entrance hall and corridor
- Entrance door and hardware, number of keys
- Provision for a built-in wardrobe: size against the dimensions in the drawing
B2 Living room with kitchenette
- Outlets for appliances against the kitchen drawing
- Balcony door: threshold and drainage
- Floor flatness along the full length of the room
B3 Bedroom and rooms
- Sockets on both sides of the bed according to the drawing
- Shading, if included in the specification standard
B4 Bathroom and WC
- Fall to the drain, tightness of joints, access panel
- Water supply and waste for the washing machine
- Angle valves and their accessibility
B5 Balcony, terrace, front garden
- Fall away from the façade, drain, condition of the tiles or boards
- Railing: height, anchoring, gaps
- Size against the site plan and against the dimensions on the unit sheet (karta jednotky)
B6 Cellar compartment
- Compartment number against the owner’s declaration and against the price list
- Lock, lighting, condition of walls and floor
- Size against the plan of the underground storey
B7 Garage parking space and common parts
- Parking space number against the plan of the underground storey
- Marking of the space, columns, actual clear width for driving through
- Lift, staircase, bicycle room: condition on the day of the handover
C · Closing the sheet
- Every defect has a room, a description, a deadline and a responsible party
- Every defect has a photograph number
- Readings of all meters recorded and photographed
- Number of keys and fobs recorded as a figure
- Date of the repeat inspection agreed and recorded
- Signatures of both parties stating their roles, every sheet numbered
Frequently asked questions
What should I take with me to the handover inspection of a new flat? A dimensioned floor plan, the specification standard, the change sheet, this checklist, a two-metre straightedge, a spirit level, a socket tester, a torch and a phone with space for photographs. And a charger — it takes longer than you expect.
Do I have to take over the flat if it has defects? Minor defects and unfinished work that do not prevent use do not prevent the takeover; they are recorded in the protocol with a deadline. The takeover can be refused for defects that prevent use — no running water, heating that does not work, a dangerous railing. A refusal is recorded with reasons and photographs.
By when must the developer remove the defects from the protocol? For a buyer who is a consumer, the complaint including removal of the defect must be settled within 30 days of being made, unless the parties agree on a longer period (§ 19(3) of the Consumer Protection Act). That is why the deadline is written separately for each line: days for finishing work, weeks for structural interventions.
How long can new-build defects be claimed? A hidden defect of a building attached to the ground by a firm foundation may be notified within five years of acquiring the ownership right (§ 2129(2) Civil Code). At the same time, the defect must be notified without undue delay after it could have been discovered.
Is an inspector worth it for the handover inspection? The figures suggest yes: CZK 11,300 for the inspection and a repeat inspection is 0.12 % of the purchase price of the model unit, and the average record with an inspector contains 27 defects; in the unit with 47 defects, the buyer alone would have noticed three at most.
Key takeaways
The handover inspection is not a quality check; it is a record. What matters is whether every defect has a place, a deadline, a responsible party and a photograph number that can be traced in three months’ time. From that day, the time limits run by themselves: five years for hidden defects, two years for the presumption of defectiveness in favour of the consumer, and for apparent defects only as much time as an honest inspection takes. The checklist above is the cheapest insurance we have at a handover — it costs one printed page and an extra hour.