Private construction law

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The private building law regulates the legal relationships between the private construction participants. The focus is on the relationships between those who commission a building (client) (the term builder comes from public building law ) and those involved who plan and implement the building (such as architects , engineers , construction companies and Craftsman ) ( construction contract law ). Private construction law also includes private neighboring law .

In contrast to public building law , the statutory regulations only provide the framework, and the parties involved are free, within the framework of private autonomy , to make deviating regulations by means of contractual agreement .

Private building law standards

In Germany, private building law is not regulated in a single codification. The basis of private building law is the law on contracts for work and services (§ § 631 ff. BGB ) as well as the norms of private law protecting neighbors (§ § 903 ff., § 936 and § 1004 BGB; and, if applicable, the neighboring laws of the federal states).

Although the procurement and contract regulations for construction services (VOB) are actually intended for the field of public construction, they are also often included in private law contracts in parts B ( VOB / B ) and C. Its regulations have the character of general terms and conditions , insofar as they are "provided" by a contractual partner within the meaning of Section 305 (1) BGB.

The architect contract is also usually a contract for work . The fee schedule for architects and engineers is the HOAI .

See also

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