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Purpose of the work
Private construction law in Germany is currently the subject of heated discussions. The bone of contention: The question as to which significance DIN standards (and similar technical specifications) have for private building law and the legal concept of generally accepted good engineering practices. Following the decision of the Düsseldorf Higher Regional Court dated February 9, 2023 and the recommendations of the 9th German Building Law Conference 2023, German lawmakers felt that they had to intervene. But all the lawmakers did was to come up with the phrase "Building type E". "E" can stand for "easy" or "efficient". The purpose of using these buzzwords is to give the impression that the politicians were finally able to kick-start new housing projects which are urgently needed. Allegedly, it will be easier to build houses. In this presentation we raise doubts as to whether the remedies that are currently being discussed are suited for this situation.
Method of approach
I will sum up the discussions which sparked off in 2023. I will then take us back to the roots of tried-and-tested statutory provisions for contracts for work and services.
Content of the contribution
Housing is scarce in Germany. Buyers and tenants have to pay top prices for apartments, provided that they find any in the first place. Hardly any affordable housing is being built right now. What is more, the slackening building business is jeopardizing the entire German economy. For this reason we are looking for the root cause of this dire situation. German lawmakers claim that they have identified the main cause: The "generally accepted good building practices".
According to our lawmakers, the quality of the buildings to be provided according to this legal concept and under contracts for work and services is simply too expensive. For this reason the realization of new projects should be ("E"!) easier and cheaper. Lawmakers also want to revise the interpretation and binding nature of the statutory provisions governing the generally accepted good building practices. After having performed a prudent yet consistent legal analysis, I arrived at the following conclusion:It is not the tried-and-tested German building law that poses a problem but the DIN standards and comparable regulations.
Results and assessment of their significance
The "Building Type E" should be reinterpreted as quickly as possible - namely as "Building Type Expendable".
Conclusions
The situation described above demonstrates that symbolic legislation can be quite disastrous. The current situation is quite disquieting when considering other conditions that stakeholders in the building industry will have to face: The climate crisis demands that all areas in the construction industry be sustainable. Simultaneously, (profit-oriented!) computer technologies such as artificial intelligence are banging at builders' doors. We urge our lawmakers to also counteract any inhumane developments occurring under building law. The building type "E" certainly does not meet such requirements.
For further information please contact Ulf Köpcke at: koepcke.u@t-online.de