Building defects: five years of guarantee in construction
Cracks, leaks, botched work on a new build or a renovation: building defects can become expensive. The good news: in construction a particularly long guarantee applies. You have five years to assert defects.
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Assert the defects →Your chances of getting your money back
What you should do now
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1. Document the defects
Record the building defects with photos and a description (with a date if possible).
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2. Demand supplementary performance
Call on the building contractor in writing to remove the defects, with a deadline.
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3. Keep the deadline in view
Do not let the five-year limitation from acceptance pass.
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4. Further rights
If supplementary performance is not forthcoming, a reduction, withdrawal or damages come into consideration (an expert opinion if applicable).
Frequently asked questions
How long do I have a guarantee for building defects?
For defects in a structure, the claims become time-barred in five years from acceptance (§ 634a BGB), considerably longer than the usual two years for purchases of goods. Within this period you can demand the removal of the defects (supplementary performance) and, if the contractor does not remedy them or does so defectively, assert further rights.
What can I demand for building defects?
First supplementary performance, that is, the removal of the defect. If it is not forthcoming despite a set deadline or fails, you can reduce the payment for the work, withdraw from the contract or demand damages, and under certain circumstances an advance for the removal of the defects by another company. Document the defects and mind the limitation period.
Take action now
We put together the ready-made texts and the right places to contact for you.
General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.