A construction defect exists if the quality of the construction deviates from the agreed quality or the work is not suitable for the use agreed under the contract. Is this your case, it is always important to consult a lawyer so that all your rights under construction law may be considered before acting. For instance it may be important to clarify whether is really the case of a construction defect on the basis of objective Read more…
Construction Contract: Building your own home inevitably leads to legal issues that many people have to deal with at some point in their lives. For the drafting of the building contract, there are some aspects that should be taken into account. The most important things to know: The building contract sets out in writing all the agreements relating to the building project. The construction contract is governed either by the provisions of the German Civil Code Read more…
The “Baulast” or building encumbrance is an important criterion for builders and buyers when deciding whether to purchase a plot of land. Interested parties who want to build should inform themselves in advance about existing building encumbrances. It is not enough to look at the extract from the land register: building encumbrances are listed in the list of building encumbrances and you should absolutely have a look at it. Building encumbrances restrict property owners in Read more…
It is common knowledge that you need a building permit if you want to build a home or a bigger building. However, a permit shall be required in Germany for many different kinds of constructions. A permit may also be required if a conversion, extension or expansion is planned. Mere maintenance work, such as repairs or improvements, on the other hand, does not generally require a building permit. Surprisingly, the demolition of an existing building Read more…
Are you planning a construction project in Germany and have no idea what all this regulation are all about? If you are new in this country, you may already know that we are passionate about clarifying every step of a construction project with fixing and specific regulations. Nothing is left to the case at least it is already intended to. Did you know for instance that if you are building your home on your property Read more…
It’s been a couple of weeks now, since the war in Ukraine has started and we all can agree, that we at least once feared for the worst. What’s happening? Is this war menacing Europe? Are we in serious danger? How can we help Ukraine? Can we feel safe in Europe? Some of us where thinking about this eventuality many months ago and here it’s a case of a person that already planned to build Read more…
Construction Contracts: Things you should know Legally, the construction contract is based on the general rules of the BGB. There is no formal requirement. Oral commissioning (= conclusion of construction contract) is also possible. In an important contract, however, the written form can also be contractually agreed, for example for related supplements, additional orders or contract amendments. Furthermore, the written form is required for: Building contracts with public clients (determined by municipal regulations) and building contracts in Read more…
Let´s say you need your kitchen sinkt to be repaired, or the toilet, the tiles have broken and you need to replace them… who do you call? Of course, a craftsman. We will all agree on that: this is not an easy job and yes, things can go wrong. Who is liable if the called person make a mistake trying to repair your kitchen, your toilet or the tiles of your bedroom? When do I Read more…
Did you know that there are two type of construction law in Germany? We generally talk about public and private construction law. Public construction law includes all regulations on the permissibility of building structures. The state has effective power of enforcing the regulations, through for instance: orders/permits or official administrative acts. The decision-making authority responsible for this is the respective administrative court. Special legal foundations of public building law are: the Construction Code (BauGB), Land building regulations, Regional Read more…
OLG Brandenburg, judgement of 29.07.2021 – 12 U 230/20 BGB §§ 242, 254; VOB/B § 4 para. 3 According to the BGH (judgement of 10.04.1975 – VII ZR 183/74, NJW 1978, 1217), a verbal “notice of concern” is not suitable to exclude the liability for defects according to § 4 No. 3 VOB/B. The concerns of the contractor shall be communicated in writing so that they thereby receive the necessary importance. If the client ignores Read more…