The building specification describes a construction project by trade and stipulates the scope of work and the standard of execution.1
The building specification is used in different areas. Banks regularly demand a building specification as the basis for a financing decision. A building specification must also be enclosed with the planning application as the descriptive component of the building documentation. Its content and scope are defined according to the building documentation ordinances of the individual federal states.2
Depending on the purpose, the building specification covers different subject areas. These include:
A building specification is also necessary in developer contracts as the building is usually not yet complete in such cases. The construction project specification must therefore be prepared with special care in developer contracts. The building is explained by the textual building specification, plans, elevations and cross sections. The developer contract merely refers to these documents, they are therefore notarised separately (so-called reference document).
According to prevailing legal opinion, the building specification constitutes a quality agreement. This means that any deviation from the description would result in a defect, even if the quality and purpose of the building is not affected. For this reason, the specification should be as detailed as possible in describing the scope of performance by the developer. The quality and standard of equipment must also be described.4 If brochures are used by the developer as a sales tool, the scope of performance owed can also be derived from these.5 It is therefore advisable for the developer to contractually agree that the neither the building/performance specification nor any brochures provided constitute a quality agreement in the context of sections 633(2), 634 BGB.6