Building Type E in Procurement and Construction Law 2026

Definition: "Building Type E" (Gebäudetyp E) refers to a concept of simplified, more cost-effective construction in Germany. Under certain conditions, it allows clients and designers to deviate from non-mandatory technical standards in order to reduce construction costs – an approach of growing relevance to public construction procurement.

Last updated: January 2026 · Legal basis: BGB (works contract law); state building codes (Landesbauordnungen); DIN standards; BMWSB discussion papers

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What is Building Type E?

The term "Building Type E" stands for "einfach" (simple) and denotes an approach in German construction that aims to allow buildings to be erected with a reduced technical standard – and therefore significantly lower construction costs – without falling short of safety and minimum standards. The concept was intensively debated between 2022 and 2024 and is being championed by parts of the construction industry and the federal government as a response to the construction cost crisis.

Building Type E distinguishes itself from conventional construction standards by drawing a line between mandatory (safety-relevant) standards and voluntary comfort standards. Only the former must be strictly observed; the latter may be contractually waived.

Relevance for procurement law

For public contracting authorities, Building Type E opens up the possibility of drafting specifications in public construction tenders that deliberately depart from non-mandatory technical standards in order to receive more economical bids. Contracting authorities wishing to dispense with non-mandatory standards must communicate this clearly in the procurement documents to preserve the principle of transparency.

At the same time, challenges arise: bidders accustomed to standard compliance must clearly understand which deviations are permitted. The specification must be clear and exhaustive (§ 7 VOB/A).

Works contract law dimension

The core problem of the Building Type E concept lies in works contract law (BGB): under § 633 BGB, the contractor owes the agreed works free from defects, and compliance with the generally accepted rules of technology (aRdT) is presumed to be owed unless expressly waived. Deviation from the aRdT requires an explicit, effective contractual provision – otherwise a defect exists even if the agreed performance has been delivered.

In 2024, the BMWSB (Federal Ministry for Housing, Urban Development and Building) drew up cornerstones for a statutory clarification to make deviations from non-mandatory standards legally secure.

Significance for public contracting authorities

Public contracting authorities pursuing the Building Type E approach must carefully distinguish between public-law minimum requirements (building code law, fire protection, accessibility) and privately agreed comfort standards. Public-law minimum requirements must always be observed; from privately conceived comfort standards, however, contractual deviations are permitted.

FAQ

Is Building Type E already enshrined in law? As of January 2026, there is no conclusive statutory provision; BMWSB cornerstones are available, and individual federal states are running pilot projects.

May a public contracting authority simply waive compliance with standards? Only to the extent that non-mandatory comfort standards are concerned; safety-relevant standards and public-law minimum requirements must always be observed.

How must deviations be communicated in the procurement documents? They must be described clearly, unambiguously and exhaustively so that all bidders are working from the same basis and the principle of equal treatment is preserved.

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Last updated: January 2026 All information provided without guarantee. For legally binding advice, please consult a law firm specialising in procurement law.