BMJV and BMWSB key issues paper on building type E published

The Federal Ministry of Justice and Consumer Protection and the Federal Ministry of Housing, Urban Development and Construction have jointly presented a key issues paper on the Building Type E Act (Act on the Civil Law Facilitation of Building Construction). In view of rising costs in residential construction, the coalition had already agreed on a new draft law in its coalition agreement.

The key issues paper now essentially provides for two components: (1) the creation of the legal framework for the so-called Building Type E Contract in the German Civil Code (BGB) and (2) the establishment of Building Type E in practice. The Building Type E contract shall only apply if the parties expressly agree to this. In this case, only the minimum standard that complies with the requirements of building regulations (including the requirements in the administrative regulations of the Technical Building Regulations of the federal states) is owed. A deviation from the administrative regulations on technical building regulations is also possible in accordance with Section 85a (1) of the Model Building Code if a deviating solution is equivalent. If the administrative regulations on technical building regulations do not contain any provisions on individual aspects, in particular comfort standards, the contractor only owes a ‘simple standard’. The practical aspect is to be deepened through guidelines and research and pilot projects.

During the previous legislative period, the then governing coalition had already presented a draft (BT-Drucks. 20/13959), which, however, was not passed. The draft bill had been criticised at the time. The VII Civil Senate of the Federal Court of Justice had already expressed its opinion on the draft bill (BauR 2024, 1725).