Building Specifications

Building Specifications - Building specifications are a technical document that describes the construction of a building in all essential details and have been a mandatory component of every real estate development contract since 2018 (Section 650j of the German Civil Code).

What does a building specification contain?

The building specification bindingly defines which services a developer or general contractor is to provide and to what standard the building will be constructed. It is thus the central document against which buyers can measure the construction work owed under the contract. Since the introduction of the new construction contract law on January 1, 2018, § 650j BGB in conjunction with Article 249 § 2 EGBGB stipulates that the building specifications must be provided to the consumer in a timely manner prior to the conclusion of the contract.

The legally required minimum content includes, among other things, a general description of the construction project, details on the structure and finish, the energy standard including the planned primary energy demand, the materials and building materials used, the type of heating system and plumbing, as well as information on sound insulation and accessibility. The breakdown of costs is often based on DIN 276 (Costs in Construction), which specifies a uniform system for cost groups.

A common mistake is confusing the building specifications with the bill of quantities. While the building specifications describe the construction work in general and in summary, the bill of quantities lists each individual item in detail, including quantity, unit, and unit price. The bill of quantities is typically used for awarding contracts to individual trades, whereas the building specifications are used for turnkey developer contracts. Both documents complement each other but do not replace one another.

Significance for Buyers and Construction Quality

For prospective buyers, the building specifications are an indispensable verification tool. Vague phrasing such as “high-quality finishes” or “state-of-the-art” is legally problematic because it does not establish a measurable standard. We recommend paying attention to specific details: What type of tile will be installed? What U-values are planned for the windows? Which KfW standard will be met? The more precisely the building specifications are formulated, the easier it will be to enforce claims for defects later on. If the building specifications are missing entirely or are incomplete, the recognized rules of technology are deemed to apply-which is often interpreted in favor of the buyer in the event of a dispute.

Building Specifications and Energy Standards

With the entry into force of the Building Energy Act (GEG) in 2020, the specification of energy standards in the building specifications has become significantly more important. Developers are required to specify the targeted annual primary energy demand and the planned heat loss through transmission. For KfW-subsidized new buildings-such as the Efficiency House 40 or those bearing the Quality Seal for Sustainable Buildings (QNG)-the building specifications must verifiably document compliance with the respective sustainability requirements. Buyers should insist that the energy standard promised in the building specifications be confirmed by an independent expert opinion or an energy consultant’s certificate. Discrepancies between promised and actual energy values can constitute a significant defect, justifying claims for price reduction and damages.

Practical Tip for Nuremberg and Franconia

In the Nuremberg metropolitan region, we are seeing an active new-construction market with numerous developer projects-ranging from condominiums in neighborhoods such as St. Johannis and Maxfeld to row house developments in the Nuremberg countryside. We recommend that buyers have the building specifications reviewed by an independent building expert before signing the contract. The Bavarian Chamber of Architects or the Bauherren-Schutzbund e. V. (BSB) can connect you with regional experts who can identify hidden gaps or unclear wording. Especially for existing properties in Franconia that are marketed as major renovation projects, the building specifications should clearly distinguish between new construction standards and the preservation of existing structures. In Nuremberg’s historic preservation zones-such as the Sebald or Lorenz Old Towns-the building specifications must also explicitly state the requirements under historic preservation law and the approved materials, as only certain materials and finishes are permitted. Incomplete building specifications pose a particularly high risk here, because repairs to the historic structure are only possible with approval.

Frequently Asked Questions

Does the developer have to provide me with the building specifications before the contract is signed?

Yes, since 2018, the developer has been required under Section 650j of the German Civil Code (BGB) to provide the consumer with the building specifications in writing in a timely manner before the contract is signed. “In a timely manner” means that there is sufficient time to review the document and, if necessary, have it professionally evaluated. If the building specifications are not presented until the notary appointment, this may constitute a procedural error entitling the consumer to rescind the contract. We recommend allowing at least two weeks for review prior to the notary appointment and using this time to obtain an expert evaluation. The notary is obligated to point out the absence of a building specification.

What happens if the building specification deviates from the actual construction?

If the actual construction deviates from the contractually agreed building specifications, this generally constitutes a defect. The buyer is then entitled to subsequent performance-that is, to have the property brought into the condition required by the contract. If subsequent performance is not possible or fails twice, the buyer may claim a reduction in price, rescind the contract, or demand damages. If the deviation is discovered only after acceptance, the statutory warranty periods of five years under Section 634a of the German Civil Code (BGB) apply. We recommend conducting a final inspection with a building expert before acceptance to document any deviations early on-after acceptance, the burden of proof shifts.

How does the building specification differ from the property brochure?

The property brochure is a sales document and serves marketing purposes-it contains appealing photos, floor plans, and general features, but is not legally binding. The building specifications, on the other hand, are an integral part of the contract and legally define the construction work to be performed. Statements in the property brochure that are not included in the building specifications are difficult to enforce in the event of a dispute. We recommend ensuring, before signing, that all features advertised in the property brochure-such as a rooftop terrace, special flooring, or smart-home features-appear verbatim in the building specifications. Only then are they legally binding.

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