Building Law

Construction Law - Construction law encompasses the entire body of legal provisions governing construction. It is divided into public construction law (building planning law and building code law) and private construction law (law governing contracts for work, architectural law, and neighbor law). Public building law determines whether, where, and how construction may take place; private building law governs the contractual relationships between the client, architect, and construction company.

Public Building Law

Public building law consists of two subfields:

• Building Planning Law (Federal Law): The Building Code (BauGB) and the Land Use Ordinance (BauNVO) govern the urban planning admissibility of a project-that is, whether construction is permitted at a specific location and what type and intensity of use are allowed. The instruments used are the land use plan and the zoning plan. In unplanned inner areas, § 34 BauGB (integration into the surroundings) applies; in outer areas, § 35 BauGB applies.
• Building Code Law (state law): The state building codes-in Bavaria, the BayBO-regulate the requirements for the safety and design of building structures: structural stability, fire protection, clearance distances, accessibility, and the approval procedures. Building regulations determine the how of construction.

Private Construction Law

Private construction law encompasses civil law relationships in construction:

Legal Area	Legal Basis	Key Content
Contract for Work and Services	§§ 631 ff. BGB	Remuneration, Acceptance, Liability for Defects
Consumer Construction Contract	§ 650i BGB	Construction Specifications, Rescission, Security
Architect’s Contract	§ 650p BGB	Planning Services, HOAI, Liability
Real Estate Development Contract	MaBV, BGB	Purchase + Contract for Work and Services, Payment Schedule
Neighbor Law	BayNachbarRG	Distances, Enclosures, Nuisances
VOB/B	Private law	Addenda, Acceptance, Warranty

Consumer Construction Contract (Section 650i BGB): Since 2018, special protection for private builders - obligation to provide a building specification, 14-day right of withdrawal, right to a security deposit (Section 650m BGB: 5% of the total remuneration before and 5% after acceptance), and right to a binding statement of total remuneration prior to contract conclusion.

Architectural Contract (Section 650p BGB): Regulates the architect’s planning services, fees (HOAI), and liability. The architect is obligated to provide defect-free planning, is liable for planning errors, and is required to point out risks related to building regulations. The architect’s liability for planning defects expires five years after acceptance of the building (Section 634a BGB).

Property Developer Contract: A combination of a purchase contract and a contract for work and services, notarized; subject to the MaBV (Real Estate Brokerage and Property Developer Ordinance) with protective provisions for the buyer. The property developer may only call for progress payments in 13 specified installments based on construction progress.

VOB/B as a Supplementary Set of Rules

The German Construction Contract Procedures Part B (VOB/B) is not a law, but a set of private-law clauses that takes effect through agreement in the construction contract. It modifies the BGB’s law on contracts for work and services in favor of a construction-specific regulatory framework:

• Shorter warranty periods (4 years instead of 5 years under the BGB)
• Detailed provisions on supplementary agreements (§ 2 VOB/B)
• Provisions on notices of impediments (§ 6 VOB/B)
• Provisions regarding formal acceptance (§ 12 VOB/B)

For consumers, the VOB/B applies only if it has been agreed upon in its entirety and without any onerous deviations-otherwise, it is invalid (Federal Court of Justice [BGH] case law).

Comparison of Public vs. Private Construction Law

Aspect	Public Construction Law	Private Construction Law
Legislator	Federal Government (BauGB) / State (BayBO)	Federal Government (BGB)
Binding	vis-à-vis authorities	between contracting parties
Enforcement	By authorities, or administrative court if necessary	Civil court
Typical Disputes	Building permit, construction halt, neighbors	Defects, compensation, delay

Practical Tip for Property Owners in Nuremberg and Franconia

We recommend that builders in the Nuremberg metropolitan region keep an eye on building law as a whole for every construction project-whether new construction, conversion, or renovation. A project must comply with both public building law (zoning plan, building code) and private building law (contract for work and services, warranty). Obtain a preliminary building inquiry (Art. 71 BayBO) from the building authority early on and have construction contracts reviewed by an attorney specializing in building law before signing.

You can search for attorneys specializing in construction law and architectural law through the Nuremberg Bar Association. Investing 500-1,000 euros in a contract review can save you tens of thousands of euros in follow-up costs resulting from disputed defects, delays, or the contractor’s insolvency.

Frequently Asked Questions

What is the difference between building planning law and building code law?

Building planning law is federal law and determines, through the Building Code (BauGB) and the Federal Building Regulations (BauNVO), whether and what type of use is permitted at a site-that is, the urban planning component. The relevant questions are: Is there a zoning plan? What may be built-residential, commercial, or mixed-use? How intensively may construction take place (floor area ratio, floor space index, number of stories)? Building code law is state law (BayBO) and regulates how a building must be constructed technically-structural stability, fire safety, setback distances, and accessibility. A construction project must comply with both areas of law, and the approval process reviews both in parallel.

Do I need a permit for every structural change?

No, the BayBO includes a list of projects exempt from the permit process (Art. 57 BayBO)-including small additions, garages with up to 50 m² of usable floor area, solar systems, and certain changes of use. However, even projects exempt from the permit process must comply with substantive building law-particularly regarding setback distances and zoning plan provisions. In case of doubt, it is advisable to make an informal inquiry with the building authority to avoid unauthorized construction and subsequent removal orders. Under Bavarian law, these can still be enforced decades after construction if the statute of limitations has not expired.

What role does neighbor law play in construction?

Neighbor law governs the mutual obligations of consideration between adjacent property owners. Key issues include setback distances under Art. 6 BayBO, boundary walls, fences, and the tolerance of nuisances (noise, odor, light). In Bavaria, the Bavarian Neighbor Law Act (BayNachbarRG) applies, which, among other things, regulates boundary distances for trees and shrubs (Art. 47 et seq. BayNachbarRG) as well as the right to use a hammer and ladder (Art. 46 BayNachbarRG) for construction work. In the event of disputes with neighbors, we recommend first seeking an amicable settlement-legal disputes over setback distances are costly and can permanently strain neighborly relations.

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