ᐅ Leaking roof window after 2.5 years – warranty coverage?

Hi,

After a renovation, I had roof windows installed, and the bank guarantee was repaid after 2 years because there were no issues. Now, six months later, one of the windows is leaking, and my architect says this is outside the warranty period. However, according to the VOB, the warranty can last longer than 2 years.

Before I try to fix it myself, I just want to double-check. Does anyone have experience with this?

Best regards,
Nils

Hello forum!

You should first check whether you have actually signed a VOB contract. Take a look at the contract documents.

The VOB must be agreed upon; otherwise, the Building Code applies. In this case, you only have a 2-year warranty period.

Best regards

Benutzer 1003 schrieb:

The VOB must be agreed upon; otherwise, the Building Code applies. Here, you only have a 2-year warranty.

Not so fast... .-)
The VOB functions as general terms and conditions (AGB), not as law.

In a ruling dated July 24, 2008 (case no. VII ZR 55/07), the Federal Court of Justice (BGH) decided that the agreement of VOB/B in consumer contracts is not privileged and therefore invalid.

This means:
The provisions of the Building Code apply to private consumers and are more favorable to them, even if VOB was agreed upon. So, it is not possible to "escape into the VOB/B" against consumers, even if VOB appears to be in effect at first glance.

Search for VOB and consumer—there is plenty of information on this topic.

But in this case, the building code does not seem to be more favorable. Or I may not be understanding your statement.

Doesn’t a window renovation (replacement) automatically come with a 5-year warranty?

In my view, even the 2-year guarantee provided was incorrectly issued (though this is irrelevant to the original question).

My understanding:
5 years
For renewal and repair work, the service must be comparable in kind and scope to new construction work. If parts are installed, they must be fixed to the building—that is, securely and permanently attached—and the work must affect the building’s structure rather than causing only minor costs.

2 years
Simple maintenance, renovation, or minor conversion work.

My opinion:
It should really be 5 years since the window is a significant and integral part of the building. If only a single window was replaced, a clever lawyer might try to argue that it involves minor costs and limited conversion work.

Kekse schrieb:
But here it seems the building code is not more favorable.

Actually, § 634a) I No. 2 of the Building Code, which applies to structures, is more favorable. According to it, the warranty period is 5 years instead of 2 years for "items" under § 634a) I No. 1 of the Building Code.

Although in this case there is no new construction, but rather a renovation/repair, it is considered equivalent to new construction if the work would count as structural work during the original construction of the building, and if the type and scope of the work are of essential importance for the construction, condition, preservation, or usability of the building, especially if they are permanently connected.

However:
Routine repair and maintenance work or fixing individual damages (e.g., a new exterior paint or a heat pump in a heating system) fall not under No. 2, but under No. 1 (= 2 years).

So it depends...
Since this appears to be a direct 1:1 replacement without any additional upgrades, I would consider the work to meet the criteria of "construction work."

In my opinion, it is also not a prefabricated part for which, under § 650 of the Building Code, contract law related to the sale of goods would effectively apply.

***
Here is the Building Code regulation:

§ 634a Building Code – Statute of Limitations for Defect Claims

(1) Claims referred to in § 634 Nos. 1, 2, and 4 expire

1. subject to No. 2, within two years for a work whose result consists in the manufacture, maintenance, or alteration of an item or in the provision of planning or supervisory services for that purpose,
2. within five years for a structure and a work whose result consists in the provision of planning or supervisory services for that purpose, and
3. otherwise within the regular statute of limitations.

(2) The limitation period begins in cases under paragraph 1 Nos. 1 and 2 upon acceptance.

(3) Contrary to paragraph 1 Nos. 1 and 2 and paragraph 2, the claims expire within the regular statute of limitations if the contractor fraudulently concealed the defect. In the case of paragraph 1 No. 2, however, the limitation period does not expire before the expiry of the specified period.

(4) The right of withdrawal referred to in § 634 is governed by § 218. Despite an invalid withdrawal under § 218 paragraph 1, the client may withhold payment to the extent they would be entitled to do so based on the withdrawal. If the client exercises this right, the contractor may withdraw from the contract.

(5) Regarding the right to reduce the price referred to in § 634, § 218 and paragraph 4 sentence 2 apply accordingly.