Warranty & Guarantee

Last updated: 21.06.2026

This page explains, in plain terms, what statutory warranty (liability for defects) and guarantee mean in house building. It is information, not a contract; for a specific project only the relevant construction/works contract and the statutory provisions are authoritative.

What warranty means

Warranty — in law, liability for defects — is the construction company's statutory obligation to be responsible for defects in the building work that already existed at handover (acceptance). It protects clients against defects and ensures the house conforms to the contractual specifications and the recognised rules of technology. If a covered defect arises within the period, it must be remedied by subsequent performance (repair or replacement).

Warranty, guarantee and liability for defects

Warranty (liability for defects) is a statutory right: for defects existing at acceptance, the client may demand subsequent performance within the statutory period. A guarantee, by contrast, is a voluntary additional commitment by the provider or manufacturer that may go beyond the statutory warranty and grant the client further rights. The two terms are not identical.

Legal framework

In Germany the legal framework is set out in the Civil Code (BGB). For buildings, the limitation period for defect claims is generally five years from acceptance (§ 634a BGB). Contractual deviations are permitted only within statutory limits and not to the detriment of consumers. The warranty typically covers the structural stability of the building and the functioning of its essential components.

Notice and remedy of defects

If a client discovers a defect, it should be reported properly and on time — ideally in text form with a precise description and, where possible, evidence. After receipt, the defect is reviewed and assessed by specialists to determine its cause and the necessary measures. If the defect is covered by the warranty, it is remedied professionally and at no cost to the client.

Benefits for clients

The warranty gives clients certainty: covered defects are remedied at no extra cost. This strengthens trust in quality, serves as a quality indicator and helps preserve the value of the property. It thus reflects cooperation oriented towards quality, reliability and customer satisfaction.