The first 14 days after the handover day: a checklist for defects and faults

Your purchase agreement (købsaftale) may contain specific deadlines and guarantees that you need to know about. If you discover a defect or damage, the general rule is that you must react within a reasonable time after you discovered it or ought to have discovered it. That is why it still makes sense to go through the home thoroughly straight away.^[1]

In brief

• The law gives no general 14-day complaints deadline when you buy an owner-occupied home.
• Check the purchase agreement for specific deadlines, guarantees and agreements about the condition of the home.
• Go through the home when you get the keys, and before moving boxes hide the floors and walls.
• Test white goods and installations that the seller has guaranteed are working.
• Take photos, write down the date and describe precisely what you have found.
• Do not repair possible insurance damage until it has been documented and the insurance company has processed it, unless the situation is urgent or dangerous.^[2]
• A defect may fall under the purchase agreement, the change-of-ownership insurance (ejerskifteforsikring), the seller or the professional who prepared a report. It depends on the specific issue.

Is there a 14-day deadline after the handover day?

No, not as a general rule when you buy a house or an owner-occupied flat.

The figure of 14 days is easily confused with other housing rules. When you move into a rented home, there is a statutory 14-day deadline for notifying the landlord of defects. That rule does not automatically apply because you have bought an owner-occupied home.^[3]

When you buy a home, however, the purchase agreement may contain a special deadline for certain issues. There may also be guarantees, for example that white goods included in the sale are working on the handover day (overtagelsesdag).

For other defects, the general rule is that you must react within a reasonable time after you discovered the issue or ought to have discovered it. What counts as a reasonable time depends on the situation.^[1]

The first 14 days are therefore best understood as a practical working period. Not as one legal deadline that decides all your options.

Why do the first days still matter?

Once the seller's furniture has gone and your own is not yet in the way, you can see the home in a new way.

This is when you may discover a dark stain behind a cupboard, an oven that does not heat up, or a door that will not close. Some issues are minor and to be expected in a home that has been lived in. Others may be worth looking into more closely.

An early walk-through helps you with three things:

1. You can document the condition of the home close to the handover.
2. You can react quickly if the purchase agreement contains a short deadline.
3. You have better information if an insurance company or a professional later needs to assess the issue.

You are not looking for problems in every corner, but you need to know what you have actually taken over.

Start with the purchase agreement

Before you start counting days, you need to know what has been agreed.

Get out the purchase agreement and any addenda. Look in particular for:

• Guarantees on white goods
• Agreements on fixtures and fittings
• Agreements on cleaning or clearing
• Known defects that the buyer has accepted
• Work the seller was to carry out before the handover
• Specific deadlines for raising objections
• Disclaimers of liability or other special terms

A general article cannot tell you what your agreement says. It is the specific wording that decides whether the parties have agreed a special deadline or guarantee.

If you were given access before the official handover day, you should also look at the agreement on the right of disposal and keys before the handover. Responsibility, insurance and utility consumption may have passed to you earlier.

Checklist for the handover day

On the handover day, you normally receive the keys from the seller or the estate agent (ejendomsmægler). Boligejer.dk recommends going through the home for damage that may have occurred since you last saw it.^[4]

Use your phone to take a continuous series of photos or a video before you start moving in.

Keys and access

Check that you have received:

• Keys to all external doors
• Keys to the letterbox
• Keys or fobs for shared areas
• Garage keys and remote controls
• Codes for the alarm, gate or electronic locks

If you want to change the locks or review the home's security, you can read the guide on safety at handover.

Meter readings

Read and photograph:

• Electricity
• Water
• Heating
• Gas, if the home has it
• Oil level, if relevant

The meter readings are used to separate your consumption from the seller's. See also the checklist for the settlement statement when buying a home.

Fixtures and agreed work

Compare the home with the purchase agreement and the sales listing (salgsopstilling):

• Have the agreed fixtures and fittings been left in place?
• Have the items that were to be removed gone?
• Have agreed repairs or work been carried out?
• Has any new damage occurred since the last viewing?

Take a photo if anything differs from what was agreed. Also note which agreement or wording you are comparing it with.

Go through the home room by room

It is easier to remember everything if you take one room at a time.

Kitchen

• Turn on all the hobs
• Switch on the oven and check that it heats up
• Run the dishwasher on a short programme
• Check the fridge and freezer
• Turn on the tap and look for drips under the sink
• Check cupboards, worktop and floor for new damage

Bathroom and utility room

• Flush the toilets
• Turn on the taps and shower
• See whether the water drains away
• Look for visible signs of damp or leaks
• Run the washing machine and tumble dryer, if they are included
• Check visible pipes and joints

Living room and bedrooms

• Open and close windows and doors
• Look for new cracks, stains or marks
• Check the floors where the seller's furniture stood
• Check radiators and thermostats, if the time of year allows
• Look for signs of water getting in around windows

Basement, loft and outbuildings

• Look for water, damp or new stains
• Check visible pipes and drains
• Check that fixtures and tools have been removed or left behind as agreed
• Look for damage that was not visible during the viewing

Electricity, water and heating

You can test ordinary functions. You should not open fuse boxes, dismantle installations or carry out work that requires authorisation.

If you need an overview of what the reports tell you, you can read BoligKlar's guide on installations in the home.

White goods and guarantees

According to Boligejer.dk, the standard purchase agreement from the Danish Association of Chartered Estate Agents (Dansk Ejendomsmæglerforening), which is used in many home sales, normally contains a guarantee that white goods included in the sale are working on the handover day.^[1]

That does not mean all purchase agreements are the same. Read your own agreement and see:

• Which white goods are included
• Whether the seller has guaranteed that they work
• When any defect must be reported
• Whether a particular solution has been agreed

Test the appliances early. A dishwasher that looks neat and sits quietly does not tell you whether it can complete a programme.

Is it a defect or just a home that has been lived in?

A home that has been lived in comes with age, wear and minor flaws. A dripping tap or cosmetic damage therefore does not automatically give you a claim against the seller.

Boligejer.dk distinguishes between, among other things, trivial matters, issues that may fall under the change-of-ownership insurance, and issues where a claim may possibly be directed at the seller or another party.^[1]

It helps to ask four questions:

1. Was the issue described in the condition report (tilstandsrapport), the electrical installation report (elinstallationsrapport) or the purchase agreement?
2. Could it be expected given the age and condition of the home?
3. Was the damage present when you took over the home?
4. Has the seller given a specific guarantee or information about the issue?

The answers do not settle the matter on their own. They help you find the right place to start.

Who needs to be told?

It depends on what you have found.

An agreed guarantee or a term in the purchase agreement

If an appliance included in the sale does not work, or agreed work has not been carried out, the purchase agreement may be the first place to look. It may state who should be contacted and whether there is a special deadline.

Hidden damage to the house

If you have taken out change-of-ownership insurance, hidden damage may be covered by the insurance if it was present at the handover and meets the insurance terms. The insurance company assesses the cover.^[2]

Read more in the guide on change-of-ownership insurance.

An error in the condition report or the electrical installation report

If an issue ought to have been described in a report, it may be relevant to contact the professional or company that prepared the report. Special deadlines apply to claims against the building expert who prepared the condition report (bygningssagkyndig) or the electrical contractor.^[1]

A possible claim against the seller

The seller's liability depends on, among other things, the Danish home inspection scheme (huseftersynsordningen), the purchase agreement, the information the seller has provided and the defect itself. For a larger or legally unclear issue, a property lawyer can assess the specific situation.

Document before you repair

It is tempting to get a tradesperson out straight away. But if everything is taken apart and thrown away, it can be difficult to document what was wrong.

So gather:

• Photos from both close up and a distance
• Video, if the defect is about a sound or a function
• The date and time of the discovery
• A short description of what is happening
• A reference to the relevant room or the relevant installation
• The purchase agreement, reports and earlier photos
• Written correspondence

Forbrug.dk recommends that possible damage covered by change-of-ownership insurance is not repaired until the insurance company has processed the case. Otherwise evidence can disappear. The exception may be an urgent or dangerous situation where further damage must be limited.^[2]

If water is running out onto the floor, you should of course not wait to turn off the water. Document the situation as well as you can, and keep damaged parts if this can be done safely.

How to write a clear message about something you have found

A good message sticks to what you know.

It can include:

• The address of the home
• The date you took over the home
• The date you discovered the issue
• A precise description
• Photos or video
• A reference to the purchase agreement, report or guarantee
• A request for confirmation that the message has been received

Avoid deciding the cause, responsibility and solution before the issue has been investigated. A water stain tells you there has been water. It does not necessarily tell you where the water came from, or who is responsible.

Is there a difference between a house and an owner-occupied flat?

Yes.

In practice, the home inspection scheme is used mainly for houses, villa flats and holiday homes. It is not normally used for owner-occupied flats (ejerlejligheder), because that would require an inspection of the whole building and a demarcation from the owners' association's (ejerforening) responsibility.^[1]

In a house, an issue will therefore often need to be assessed against the condition report, the electrical installation report and the change-of-ownership insurance.

In an owner-occupied flat, responsibility may also depend on whether the issue is inside the flat or belongs to the building and the owners' association's area of responsibility.

The purchase agreement, the articles of association and the owners' association's documents may therefore be relevant alongside the specific damage.

What happens after the first 14 days?

Your options do not automatically disappear on day 15.

If you later discover hidden damage, it may still be worth looking into. Boligejer.dk explains that, as a general rule, defects must be raised within a reasonable time after you discovered them or ought to have discovered them. There are also limitation periods, which depend on the type of claim and the party the claim may be directed at.^[1]

So what matters is not only the calendar after the handover. It is also:

• When you discovered the issue or ought to have discovered it
• What the purchase agreement says
• What type of damage or defect it is
• Who may be responsible
• Whether there is an insurance policy, guarantee or report linked to the issue

Day 14 is not a cliff edge. Quick and precise documentation is still a good idea.

Example: the oven does not work, and there is a damp stain

You take over the home on 1 October.

On 2 October you test the oven. It switches on but does not get hot. The purchase agreement contains a guarantee that the white goods included in the sale are working on the handover day. You film the test and send a written message referring to the guarantee.

On 9 October you move a cupboard and discover a damp stain. The stain is not mentioned in the condition report. You take photos, note the date and avoid painting over it. You then look into whether the issue should be reported to the change-of-ownership insurance or assessed by a professional.

The two findings may look similar on your to-do list, but they may belong in different places:

• The oven may be a matter for a specific guarantee in the purchase agreement.
• The damp stain may be possible hidden damage that needs closer investigation.

That is why it is better to describe each finding precisely than to lump everything together under the heading of faults with the house.

Your complete checklist

On the handover day

• Get all keys, codes and remote controls
• Take photos or video before you move in
• Read the electricity, water and heating meters, and gas or oil if relevant
• Check agreed fixtures and completed work
• Look for new damage since the last inspection

In the first few days

• Read the purchase agreement and any addenda again
• Test the white goods included in the sale
• Go through the home room by room
• Check visible pipes, drains, windows and doors
• Look for damp, leaks and new stains
• Compare with the condition report and the electrical installation report

If you find something

• Take photos and video
• Note the date, location and function
• Find the relevant agreement, guarantee or report
• Notify the relevant recipient in writing
• Ask for confirmation of receipt
• Hold off on repairs if the evidence could disappear
• Limit urgent damage if necessary and safe

In short

The first 14 days are a good time to get to know the home as it really is, not as it looked in the sales listing.

Test what should work. Look behind the places the seller's furniture covered. Take photos, and read the purchase agreement before you draw conclusions about deadlines and responsibility.

It is your purchase agreement and the type of finding that decide which deadline applies.

BoligKlar gives you a second pair of eyes and an overview. Larger or legally unclear issues must be assessed on the basis of the specific agreement and documentation.

Frequently asked questions