Warranty period
The period within which warranty claims must be enforced: three years from handover for buildings and other immovable property (section 933 ABGB).
For immovable property such as buildings the warranty period is three years, for movable property two years. It generally begins with the handover of the works. Even the start of the period can be disputed, for example where acceptance takes place in stages.
Within this period the claims must be enforced in court or acknowledged by the contractor; a mere notice of defects does not preserve the period indefinitely. Between businesses the duty to give notice under the Business Code applies in addition.
More on baurecht-anwalt.at
- Notice of defects and deadlines for construction: how to give effective notice
- Construction defects after handover: what building owners can claim now
Legal basis
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your construction project are always decisive.
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Warranty
The statutory, fault-independent liability of the contractor for defects that the works already had at handover (sections 922 et seq. of the Austrian Civil Code, ABGB).
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Notice of defects
The complaint by which the client points out defects to the contractor; between businesses it must be given without undue delay (section 377 UGB).
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Damages
Fault-based compensation for loss caused by a defect or breach of duty; on construction projects often alongside warranty (sections 1293 et seq., 933a ABGB).
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Limitation period
The lapse of time after which a claim can no longer be enforced; damages claims are generally time-barred three years after knowledge (section 1489 ABGB).
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Handover
The acceptance of the completed works by the client; a key moment for the remuneration falling due, the passing of risk and the start of the warranty period.
Defects, a remuneration dispute, looming litigation?
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