Warranty in construction (Gewährleistung): 4 or 5 years? VOB/B and BGB compared

Important first: there is no uniform warranty

In everyday speech, people often say “the warranty is 5 years”. That is true only in a BGB contract for work on a building (§ 634a para. 1 no. 2 BGB). Under VOB/B, a standard period of 4 years applies to buildings if no period is agreed in the contract (§ 13 para. 4 no. 1 VOB/B). Both rules apply only within the framework of their contract. If the parties have agreed a period, it applies as long as the agreement is effective.

The periods at a glance

The exception for installations applies only if nothing else is agreed and the client has decided not to assign the maintenance to the contractor.

When does the period start?

• VOB/B: The period starts with the acceptance of the whole work. Only for self-contained parts does it start with the partial acceptance (§ 13 para. 4 no. 3).
• BGB: Limitation starts with acceptance (§ 634a para. 2).

That is why the date of acceptance in the report is so important. See Acceptance of construction work.

Fraudulent concealment

If the contractor has fraudulently concealed the defect, the claims do not become time-barred after the short period but in the regular limitation period. For buildings, however, limitation does not occur before the 5 years have passed (§ 634a para. 3 BGB).

The notice of defects under VOB/B

Under § 13 para. 5 no. 1 VOB/B, the contractor must remedy at its own cost all defects that appear during the limitation period and are due to work not in accordance with the contract, if the client demands this in writing before the period expires.

Effect of the written notice:

• The claim to remedy the defects complained of becomes time-barred after 2 years, counted from receipt of the demand, but not before the end of the standard periods under paragraph 4 or the agreed period.
• After acceptance of the remedial work, a new 2-year period starts for that work, which likewise does not end before the standard period expires.
• If the contractor does not comply with the request within a reasonable period, the client can have the defects remedied at the contractor’s cost (no. 2).

For the client, this means: give written notice of defects while the period is running. For the contractor: confirm every notice in writing and document the date of receipt.

The client’s rights

In the case of defects, the customer can under § 634 BGB:

1. demand subsequent performance (§ 635),
2. remedy the defect itself and claim reimbursement of its expenses (§ 637),
3. withdraw from the contract or reduce the remuneration (§§ 636, 323, 326 para. 5, § 638),
4. demand damages or reimbursement of wasted expenses (§§ 636, 280 ff., § 284).

Under VOB/B: if remedy is unreasonable for the client, impossible or requires disproportionately high effort and the contractor therefore refuses it, the client can reduce the remuneration (§ 13 para. 6 VOB/B, § 638 BGB).

Retention when paying

If the customer can demand the remedy of a defect, it may, once payment is due, withhold a reasonable part of the remuneration. As a rule, this is twice the cost of remedying (§ 641 para. 3 BGB).

Exclusion of liability through a notice of concerns

Defects that go back to the specification, instructions or earlier work of the client do not give rise to liability of the contractor if it notified its concerns in good time under § 4 para. 3 VOB/B (§ 13 para. 3 VOB/B). See Bedenkenanmeldung.

Contractual deviations

In practice, the period is often extended (for example to 5 years in VOB/B contracts). Whether a clause in general terms and conditions is effective is a question of content review. Whether VOB/B was agreed as a whole (only then does its regulation apply without separate content review) can also be decisive. Have such questions checked in the individual case.

Practical rules

• Record the date of acceptance and note the end of the period (with a buffer).
• Notice of defects in writing and with proof of receipt.
• Align the security (Bürgschaft, surety bond) with the period. See Security retention and surety bond.
• Check before signing the contract: VOB/B agreed? Which limitation period is in the contract clause?

Frequently asked questions

Sources and status

• § 13 paras. 1 to 6 VOB/B – defect claims (2016 version, checked against the statutory text in the BauWalker corpus)
• § 634 BGB – customer’s rights in the case of defects
• § 634a BGB – limitation of defect claims
• § 641 para. 3 BGB – retention
• Stand: 19.10.2026. No case law was evaluated on the effectiveness of deviating limitation clauses in general terms and conditions.
• Quotations of statutory text are given in translation; the German wording is authoritative.