Construction damage: Who is liable?

Construction damage is always sobering and usually results from a faulty construction. Read here which damages occur most frequently and who is liable for them.

Table of contents Table of contents Damage to construction caused by moisture and other reasons

• Construction shortage or construction damage?
• liability
• Create building damage assessment
• Reporting deadlines for construction damage
• The most common building damage

Table of contents Table of contents Damage to construction caused by moisture and other reasons

• Construction shortage or construction damage?
• liability
• Create building damage assessment
• Reporting deadlines for construction damage
• The most common building damage

Construction damage occurs again and again and causes unnecessary costs. In Germany, the number of construction damage to new residential buildings has increased by 89 percent since the construction boom began, roughly since 2008, the Building Protection Association (BSB) announced, referring to its building damage report 2018. The average cost of construction damage rose from 49, 000 euros in 2006/2008 to almost 84, 000 euros in 2018.

The causes are usually similar: incorrect use, wear, severe weather, neglected maintenance. It is not uncommon for the building to be impaired, and occasionally there is even a health risk if the masonry is infected by a mold, for example. Roofs, ceilings, floors and walls as well as the building services are particularly deficient. Penetrating moisture, improper execution, dimensional errors, cracks and incorrect sealing are the predominant damage patterns.

According to the BSB, the main reasons for the alarming figures are the high level of market utilization, the shortage of skilled workers and inadequate planning.

What is the difference between a building shortage and a building damage?

It is often assumed that construction defects and damage are the same. Although they are usually related, they do not describe the same situation.

Construction defects usually result from an error in the construction, so that the building is not as it was supposed to be in the construction or purchase contract. This results in so-called construction damage. If, for example, there was insufficient sealing (construction boom), water can now penetrate the building and mold can form (construction damage).

Who is liable for construction damage?

As a rule, the building contract stipulates that the developer is responsible for the built building and hands it over to the client without any problems after completion. However, if the building owner determines at the time of acceptance that the agreements have not been complied with and construction damage can already be identified, the contracted company is obliged to repair the damage. In order for this to be the case, however, the damage must be demonstrably caused by the company.

As a rule, the contracted company is liable for structural damage, provided that it can be proven that the defects were not caused otherwise.

Photo: goodluz / Fotolia

Create building damage assessment

Construction damage must be documented in all cases. The best thing to do is to carry out a building damage report, which is used to record all defects. An expert visits the building and then creates a document. With his know-how and his measuring devices, the expert can better recognize the extent of the structural damage than a layperson. In addition, he can already make recommendations for appropriate renovations and roughly calculate how high the costs will be.

Good to know: A building damage report is considered evidence in court. So if you want to make claims for damages, you have more chances.

Until when can you report construction damage?

There is a five-year guarantee after the building inspection. The builder can report construction defects to the contracted company within this period. This then has to remedy the defects, provided that it can be proven that the defects really originated from the company.

Tip: Keep an eye on the expiry date of the registration period. After 5 years, you can hire an expert or an expert to check the building for defects and damage one last time.

Good to know: Even if you find a building damage and make the company aware of it, the limitation period continues.

The most common building damage

There is a whole range of structural damage that occurs again and again - but can be easily avoided with the right planning and execution. This includes:

Mould

Mold occurs again and again as a fishing rod. As a rule, this occurs when there is too much moisture in the house. For example, the cause may be insufficient sealing. Adequate thermal insulation should be installed to prevent mold. It is also important to properly ventilate and heat.

Mold can be a health hazard. The cause is usually an increased humidity in the room.

Photo: iStock / 3dts

Basement moisture

Moisture in the basement can have various causes: structural defects, damage due to water penetration due to a defective or missing basement seal, pipe damage or incorrect ventilation behavior. Let a specialist determine what your case is. Note that there can also be "mixed cases".

Cracks

Cracks are always unattractive to look at and appear on floors, ceilings and walls. As long as they do not endanger the construction and stability, you can rest easy and have them filled out accordingly. However, if there are deeper, sloping cracks, which are also called "settlement cracks", it is important to have them repaired as soon as possible.

Damage to balconies and patios

Balconies and terraces should always have a slope so that the rainwater can run off. In addition, the soil must be compacted, otherwise there is a risk of sagging.

Roof damage

When constructing the house roof, it must be ensured that the roof bracing is carefully planned and carried out well. In addition, there should be thermal insulation and windproofness.