The German standard DIN 18202, Toleranzen im Hochbau, sets how far walls, floors and ceilings may depart from the plan. It measures the gap under a straightedge at set distances. A homebuilders’ guide gives the table. For a finished wall, the gap may be 5 millimeters over one meter and 10 millimeters over four meters. Erst wenn die in der DIN 18202 festgelegten Toleranzen überschritten werden, liegt ein Mangel vor. Only when these tolerances are exceeded is there a defect. If the contract says nothing else, the DIN values are the minimum the builder must meet.
When Work Is Free of Defects
Section 633 of the German Civil Code says when a commissioned work is free of defects: a repaired car, a renovated bathroom, a written program. Das Werk ist frei von Sachmängeln, wenn es die vereinbarte Beschaffenheit hat. The work is free of defects if it has the agreed quality. Only where nothing was agreed does a second test apply. Then the work must suit the use the contract assumes, or ordinary use. A different work than the one ordered counts the same as a defect.
Recognized Rules of Technology
German construction contracts measure work against the allgemein anerkannte Regeln der Technik, the generally recognized rules of technology. Work counts as free of defects only if it has the agreed quality and follows these rules. A rule counts as recognized only when the great majority of technical experts hold it. It must also have proven itself in practice, not only in science: sich auch praktisch bewährt. For this reason, the standard takes up new methods late. A builder who departs from it carries the risk, because a departure is generally treated as a defect. A new building product with no recognized rule behind it needs a general approval from the German Institute for Building Technology before it may be used.
In November 2024, the federal cabinet approved a draft law for a Gebäudetyp E, a building type for simple and experimental building. Under the draft, in contracts between expert businesses, a departure from the recognized rules would no longer count as a defect under three conditions. It must be disclosed to the client before the work starts. The client must not object at once. And the building must remain safe and fit for use over time. A new government draft went to the Bundestag on 8 June 2026.
Not Scolded Is Praise Enough
Nicht geschimpft ist gelobt genug — not scolded is praise enough. A magazine for mayors places the saying in Hesse, where it is often said in strong dialect. It uses the saying to describe how many bosses treat their staff.
Nix gsagt isch globt gnuag — nothing said is praise enough. The Swabian version. The Schwäbische Zeitung calls it a common cliché in Swabia.
Coded Praise in the Work Reference
Every German employee who leaves a job has a legal right to a written reference, the Arbeitszeugnis. The law says it must be clear and easy to understand. In practice, set phrases carry the grade. Stets zu unserer vollsten Zufriedenheit, always to our fullest satisfaction, means very good. In 2014 the Federal Labor Court ruled that zur vollen Zufriedenheit, to full satisfaction, counts only as befriedigend, a middle grade. An employee who wants a better grade must prove that he earned it.
The same ruling quotes legal commentators. When 86.6 percent of references rate performance as good or very good, they write, a reference no longer says anything about what the employee can actually do. The ruling does not name the study behind the figure.
Work owed and effort owed
German contract law distinguishes the Werkvertrag, which owes a result, from the Dienstvertrag, which owes an effort properly performed. The distinction determines liability, and it turns on whether what was promised was an outcome or a way of working.