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ROUTE

Poor workmanship: the customer’s rights

Acceptance reverses the burden of proof and can occur without a signature. Everything after that rests on a deadline set in writing β€” without it the further rights do not arise.

βœ“ Checked: 02/08/2026

German law treats a contract with a tradesman or building firm as a contract for work, and its rules differ from those for buying goods or renting a flat. The central concept is acceptance of the work. Before it the contractor must prove the work was produced as agreed. After it the customer must prove the defect, the limitation period starts running and payment falls due.

  1. 1

    STEP

    Acceptance of the work: the moment that shifts the balance

    Before acceptance the contractor must prove the work conforms; afterwards the customer must. Acceptance can occur without your signature if you do not answer a set deadline naming a defect.

  2. 2

    STEP

    Notifying the defect and setting a deadline to fix it

    The right to have defects remedied belongs to the customer, but the law lets the contractor choose the method. The key step is setting a reasonable deadline in writing.

  3. 3

    STEP

    The deadline passed: what you can do next

    Once the deadline you set expires without result, a bundle of rights opens: fix the defect yourself at the contractor’s cost, reduce the price, withdraw from the contract or claim damages.

  4. 4

    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.

COSTS AND DEADLINES

Deadlines you cannot miss

  • The deadline set by the contractor for acceptance: silence during it can operate as acceptanceAcceptance of the work: the moment that shifts the balancehard deadline
  • The reasonable deadline for remedy is set by the customer β€” without it the further rights generally do not ariseNotifying the defect and setting a deadline to fix ithard deadline
  • Two years for ordinary work and five years for a building β€” the statutory limitation periodsHow much time you have: two years or fivehard deadline

Amounts follow official fees as of each step’s verification date. Your city may charge a different rate β€” check the step itself.

β€Ί More about this route

The costliest trap sits precisely in acceptance. The law lets it take effect without the customer’s signature: where the contractor set a reasonable deadline after completion and the customer did not refuse acceptance within it while naming at least one defect. For consumers this works only with a written warning about the consequences β€” but such a letter looks like ordinary post.

This four-step route works through the whole structure: acceptance and its consequences, the demand for remedy with its mandatory deadline, the rights arising once that deadline passes without result, and finally limitation periods that differ by years depending on the type of work.

REQUIRED DOCUMENTS

All possible documents for this route

WHERE PEOPLE MOST OFTEN LOSE MONEY AND TIME

FREQUENTLY ASKED QUESTIONS ABOUT THIS ROUTE

When may the contractor demand payment?β–Ύ

The law ties this to acceptance: the remuneration is payable upon acceptance of the work. Where the work is to be accepted in parts and the remuneration is fixed for those parts, each part falls due on its own acceptance. An invoice before acceptance therefore raises questions.

Can work count as accepted without my signature?β–Ύ

Yes. The law provides for this where the contractor set a reasonable deadline for acceptance after completion and the customer did not refuse within it while naming at least one defect. For consumers a notice about the consequences in text form is required.

Can I choose between repair and rebuilding?β–Ύ

No. The law gives the choice to the contractor: they may either remedy the defect or produce the work anew. The customer can demand a defect-free result but not the route to it.

When can I hire another firm at the first one’s cost?β–Ύ

After a reasonable deadline set by the customer has expired without result. The law then permits self-remedy and reimbursement of the necessary expenses, provided the contractor did not rightfully refuse subsequent performance.

How long do defect claims last?β–Ύ

The law names two years for work whose result consists in producing, maintaining or altering a thing, and five years for a building together with associated planning and supervision services. The period attaches to acceptance.

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