Building Inspection

Construction Progress Inspection - A construction progress inspection is an official review of the progress of construction conducted by the building authority or a commissioned inspection engineer. Its purpose is to verify that the construction project is being carried out in accordance with the approved plans and in compliance with accepted engineering standards. In Bavaria, construction progress inspections are regulated by Art. 77 BayBO and are conducted at specific stages of construction-particularly upon completion of the structural shell.

Procedure and Scope of Inspection

The building owner applies to the building inspection authority for a construction progress inspection as soon as the relevant stage of construction is reached. Typical inspection times:

• Shell inspection: After completion of the building shell, the authority checks whether the load-bearing components, floor heights, wall thicknesses, and building dimensions comply with the building permit. Deviations-such as a changed number of floors or missing fall protection-are objected to.
• Final inspection (acceptance): Before the building is put into use, an inspection is conducted to verify that the building as a whole has been constructed in accordance with the permit-including emergency exits, fire doors, exit signs, parking spaces, outdoor facilities, and clearance zones. For special structures, the final inspection often involves multiple stages.
• Special Inspections: For special structures (public gathering places, high-rise buildings, schools, care facilities), additional interim inspections by certified inspectors may be ordered, e.g., regarding the fire protection system or the load-bearing structure.

The inspector prepares an inspection report documenting any deviations from the permit. If no deficiencies are found, the authority issues the occupancy permit. In the case of serious defects, a construction halt or a prohibition on use may follow. We recommend that building owners have all documents fully available prior to the inspection: building permit, approved plans, structural analysis, energy calculations, and any supplementary permits.

Distinction from Private Construction Supervision

The official construction inspection is not a comprehensive quality control-it verifies compliance with the permit, not the quality of workmanship. Whether the insulation was installed correctly, whether the floor slab waterproofing was done professionally, or whether thermal bridges are present-all of this falls outside the scope of the authority’s inspection mandate. For detailed quality assurance, we recommend quality control during construction by an independent expert who inspects the building for defects at every stage. The cost of such supervision ranges from 3,000 to 6,000 euros for a single-family home-it significantly reduces the risk of costly repairs.

Building Condition Inspection and Purchase Decision

A type of building condition inspection is also used in the valuation of existing properties-though in this case, it is conducted under private law by an expert. Anyone looking to buy an older property should have an expert condition assessment conducted before signing the purchase agreement, which systematically documents damage to the roof, facade, basement, building services, and interior finishes. On this basis, the remaining useful life can be estimated and any renovation costs quantified. We recommend including this inspection as a condition precedent in the purchase agreement so that, in the event of serious defects, the transaction can be rescinded at no cost.

Practical Tip for Property Owners in Nuremberg and Franconia

We recommend that builders in the Nuremberg metropolitan area register the building condition inspection with the Nuremberg Building Authority (Bauhof 2, 90402 Nuremberg) in a timely manner and coordinate the appointment with the site manager. Especially during periods of high construction activity-such as currently in Langwasser, Südstadt, and the surrounding municipalities-scheduling an appointment can take several weeks. Prepare all relevant documents and check with the site manager to see if any deviations can be approved via a Tektur (supplementary permit) before the inspection takes place. The fees for the construction progress inspection are included in the building permit fee-however, additional inspections following a complaint may incur extra costs.

Frequently Asked Questions

Is the construction progress inspection mandatory?

In Bavaria, the building authority may order construction progress inspections (Art. 77 BayBO). In the simplified approval procedure, the authority often waives an active inspection-the building owner and the designer then bear full responsibility for ensuring that the work is carried out in accordance with the permit. For special-purpose buildings-such as schools, restaurants, and care facilities-a final inspection before occupancy is generally mandatory. For single-family homes, we recommend scheduling a voluntary shell inspection even if not required, to identify deviations early on.

What happens if deviations are found?

In the case of minor deviations, the authority requests a Tektur (amendment permit). The building permit process for a Tektur typically takes two to six weeks and costs a pro-rata amount in accordance with the cost regulation. In the case of significant deviations-such as an incorrect number of stories, missing emergency exits, or a substantial failure to meet setback requirements-a construction halt or even a demolition order may be issued. We recommend never ignoring identified deviations but instead proactively discussing them with the building code office-often, a retroactive permit can be obtained if action is taken quickly.

Who bears the costs of the construction inspection?

The costs are borne by the building owner. They are generally included in the building permit fee-separate fees are only incurred for additional inspections prompted by complaints. The costs for a privately commissioned expert for quality control during construction are independent of this and are agreed upon and borne separately by the building owner. We recommend combining both approaches: The official inspection ensures compliance with the permit, while the private oversight ensures the quality of the workmanship.

What distinguishes the construction inspection for new buildings from the condition assessment when purchasing an existing property?

In a new construction project, the authority checks whether the ongoing construction complies with the approved plans-the focus is on dimensions, clearances, and fire safety. When purchasing an existing property, however, the goal is to assess the actual condition of the building: What damage is present, what is the realistic remaining useful life, and what renovation costs can be expected in the coming years? This assessment is not conducted by a government official, but by a privately commissioned building expert-ideally certified according to DIN EN ISO/IEC 17024 or a member of a professional association (e.g., BVFS, RICS, Dekra). In the Nuremberg metropolitan region, experienced experts estimate the cost of a comprehensive building inspection of a single-family home at 500 to 1,500 euros-an investment that pays for itself many times over if hidden defects such as dry rot, basement moisture, or a damaged roof structure are discovered. Those who have this inspection performed before the notary appointment can renegotiate the purchase price or protect themselves against known defects.

Back to the Real Estate Glossary.