ᐅ Windowpane never replaceable again

A question for any legal experts or people who have had similar experiences.
We have a U-shaped reinforced concrete staircase (double turn without an intermediate landing) from the basement (at street level on the street side) up to the ground floor.
“Behind” the staircase is a window to let in more light in the stairwell, so the lights don’t have to be on during the day.
The window is fixed, meaning it is not designed to open (no handle or anything).
So far, so good. We recently considered installing a partially frosted glass pane to reduce visibility of the staircase from outside. At that point, we realized the glass would likely never be removable because the staircase extends all the way to the wall.

The question now is, is it considered a (hidden) defect if a windowpane cannot be replaced without either seriously damaging the staircase or chipping away part of the interior plaster and masonry?
This is not about the other glass for now, since you could use a film in the basement window. But I wonder who would cover the additional costs if the pane, for example, breaks at some point. As mentioned, the wall above the window would have to be partially opened up to pull the pane out upward.

Thank you very much for any answers, opinions, or possibly similar rulings or legal references...

You approved the final construction drawings, after all...

We also have a 3.5m (11.5 feet) fixed panel there, but you can still reach it. Anything else would have been a no-go...

We suspect something along those lines as well. However, you can reasonably expect an architect to point out such details and ideally offer suggestions for changes. As a layperson, you don’t necessarily recognize every potential issue just from looking at a plan.

In reality, a pane of glass probably wouldn’t just break on its own; it might be, for example, hit by a soccer ball from the neighbor’s children or something similar.

Additionally, you usually have glass insurance that probably covers the full replacement, but the legal aspects still remain unclear to me.

Hello,

I’m having trouble visualizing the whole situation.

Could you please share a picture of the window in question?

Somehow, the glass must have been secured in the frame and also be removable.

Does the staircase go right up to the window, or is there some "space" between them?

Best regards,

Dirk

So, the staircase, made of reinforced concrete, extends up to the wall where the window is located, but of course not directly up to the glass. There is still some space between the staircase and the glass.

The house was still in its shell stage when it was installed. At that time, the lintel above the window was higher than the window itself. It was said that the window opening was too large; someone apparently thought a roller shutter would be installed there.

This allowed the window to be slid in from above behind the staircase. However, afterwards, a Styrodur block was glued into the approximately 15cm (6 inches) high gap.

My current assumption is that they realized at that point they had not mistakenly planned for a roller shutter, but understood that otherwise the glass could not be replaced or originally installed at that time.

Peanuts74 schrieb:

This way, the window could be slid from above behind the staircase.

Something similar applies to replacing the window glass. This usually takes about 30 minutes; with your tilt-and-turn window, it will likely take longer because the pane cannot be removed directly from the front. Work must be done from the ground floor and the attic (or upper floor, depending on the house type you had built).

So, this is not a defect—you approved the execution plans, and your architect was entitled to assume that you are capable of understanding them.

Regards, Bauexperte