The delivery and acceptance protocol - what should it contain?

Delivery and acceptance protocol is a document confirming the condition of the premises. The protocol is drawn up when concluding a lease agreement or sale agreement for the property. This important document will be conclusive in case of any claims arising from the condition of the premises or its equipment. Find out what the transfer and acceptance protocol should contain and when it is necessary!

The transfer and acceptance protocol - what is it?

Delivery and acceptance protocol is a document drawn up most often on the occasion of the lease or sale of premises. It is signed by both parties to the agreement - tenant and landlord or seller and buyer. The purpose of the document is to describe in detail the condition in which the property is located.

Protocol of delivery and acceptance - when is it worth drawing up?

A transfer and acceptance protocol is worth drawing up in the case of:

• sale of premises
• lease of premises
• assignment of the meter.

Assignment and acceptance protocol - what should it contain?

The transfer and acceptance protocol should describe the actual state of the premises. It includes information about the equipment of the property and the states of the meters.

A popular practice is also the assignment of meters to the new owner or tenant of the premises. Such an assignment can be part of the transfer and acceptance protocol.

Mandatory elements of the transfer and acceptance protocol.

Although the law does not specify a template for the transfer and acceptance protocol, there are elements that are necessary for the document to be valid and valuable.

Mandatory elements of the transfer and acceptance protocol:

• data of the parties signing the protocol, such as the landlord and the tenant
• the address of the property to which the protocol applies
• date and place of signing the document
• signatures of the parties
• description of the condition of the property
• equipment of the property
• the number of transferred/returned keys, remote controls, along with the purpose.

Additional elements of the transfer and acceptance protocol

In addition, the transfer and acceptance protocol shall also include such data as:

• the metric area of the premises with a breakdown by room
• status of meters, including water, heating, electricity, gas, etc.
• state of installation, layout and number of sockets
• state of ventilation
• condition of the floor
• condition of the balcony/terrace
• furniture in the apartment and description of its condition
• household appliances, audio/video devices in the apartment, and their condition
• additional equipment of the premises, e.g. dishes.

Protocol of delivery and acceptance - printable template

Model of handover and acceptance protocol - printable.

Model handover and acceptance protocol - printable - text file.

Transfer and acceptance protocol - summary

Remember, the handover and acceptance protocol can be crucial when settling any disputes over the condition of the premises. Therefore, it should be drawn up in detail and with the utmost care.

FAQ

Do photos need to be attached to the handover protocol?

It should be emphasized that the law does not impose one right form of the transfer and acceptance protocol. Nor does it indicate photos as necessary attachments to the protocol. However, practice shows that it is worth attaching photographic documentation of damage to the handover protocol. It can be crucial in protecting us against possible claims.

Does every defect noted in the delivery and acceptance protocol entail a charge for causing it?

No. Some of the defects/damage may be due to the use of the premises, the quality of the equipment with which the premises have been equipped, or improper installations.

The handover and acceptance protocol - why is it worth signing?

It is a good idea to sign the acceptance protocol in order to avoid possible misunderstandings and financial losses that could be incurred by the parties signing the contract for the purchase or lease of premises.

Can the transfer and acceptance protocol be signed only at the conclusion of the contract of sale/lease?

Not necessarily. The law does not specify when the transfer and acceptance protocol should be drawn up. It is good practice to sign it at the time of signing the aforementioned contracts, but it can also be signed during the lease.

*This post is for informational purposes only. For legal or accounting advice, go to your lawyer/accounting office.