Deutschland Kompass
↰ Defective work by a contractor
STEP

How much time you have: two years or five

Defect claims are subject to limitation, and the period depends on the type of work. For ordinary work the law names two years; for a building, five.

✓ Verified: 02/08/2026

WHAT TO DO

DOCUMENTS 3

The final question of the route is the least pleasant: time. Defect claims do not last forever, and the period depends on what the contractor actually produced. The difference between ordinary work and a building is fundamental here and amounts to years.

Route complete ✓
› Details and tips
👨🏻‍💻
Max recommends:

I corresponded with the firm for a year, assuming no period runs while letters are going back and forth. That was wrong, and by the time I decided to act seriously, far less time remained than I thought.

👩🏼‍💼
Lea recommends:

Note the acceptance date on the day it happens and keep it with the contract. Three years later that exact date decides whether any rights remain, and reconstructing it from memory is usually too late.


FREQUENTLY ASKED QUESTIONS

Where do two and five years come from? ▾

The law distinguishes by the type of work. For work whose result consists in producing, maintaining or altering a thing, or in planning and supervision services for that, two years apply. For a building and the associated planning and supervision services, five years apply.

When does the period start? ▾

It attaches to acceptance rather than to the contract date or payment. That is another reason to document the date of acceptance: without proof the start of the period must be established, and that dispute alone takes time.

What is a consumer construction contract? ▾

The law uses this term for contracts under which a contractor undertakes towards a consumer to build a new building or carry out substantial reconstruction of an existing one. Text form is prescribed for them and additional protective provisions apply.

What if the period is about to expire? ▾

Do not wait: correspondence alone does not automatically suspend the running of time. Mechanisms affecting the period exist, but they attach to particular acts and circumstances — in that situation advice is the faster route.

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