Construction Works in Procurement Law 2026

Definition: Construction works, within the meaning of procurement law, are contracts for the execution or for both the design and execution of building or civil engineering works or of structures, as well as contracts for the procurement of construction services from third parties in accordance with the requirements of the contracting authority.

Last updated: January 2026 · Legal status: Directive 2014/24/EU Annex II, BVergG 2018 §§ 6–8, GWB § 103(3), VOB/A

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What are construction works?

Construction works within the meaning of procurement law comprise all activities that serve the realisation, maintenance, alteration or demolition of structures. The concept is broad: it covers not only classical building works such as the construction, conversion and renovation of buildings, but also civil engineering works (road and bridge construction, hydraulic engineering, pipeline construction), installation and fit-out works, and all activities listed under Division 45 of the CPV classification.

Directive 2014/24/EU defines construction works in Annex II by way of an exhaustive catalogue of activities aligned with the NACE classification.

Distinction from other contract types

Classification as construction works determines the applicable threshold and procedural rules.

Criterion	Construction works	Supply contract	Service contract
EU threshold	EUR 5,538,000	EUR 143,000 (central authorities)	EUR 143,000
Rules in Germany	GWB/VOB/A	GWB/VgV	GWB/VgV
Rules in Austria	BVergG 2018	BVergG 2018	BVergG 2018

In mixed contracts (e.g. supply of equipment with integration into a building), the main subject matter determines the applicable rules.

VOB/A – Special procurement rules for construction works (Germany)

In Germany, the award of construction works is governed in addition to the GWB and VgV by the Award and Contract Regulations for Construction Works (VOB), Part A. VOB/A contains specific rules for the tendering, award and execution of construction contracts and is divided into three sections:

• VOB/A Section 1: Below thresholds (national)
• VOB/A Section 2: Above thresholds (EU-wide, applies together with VgV)
• VOB/A Section 3: Utilities

BVergG 2018 – Austria

In Austria, construction works are governed by the general provisions of the BVergG 2018, supplemented by the ÖNORM B series for construction and procurement. ÖNORM B 2110 (General Contract Provisions for Construction Works) is the most widely used contractual instrument for public works contracts in Austria.

Lotting of construction works

For large construction projects, contracting authorities are in principle required to split the works into specialist lots in order to promote competition among SMEs (§ 97(4) GWB, Art. 46 Directive 2014/24/EU). Exceptions are only admissible with substantive justification (e.g. where splitting would be technically inappropriate or economically disadvantageous).

FAQ

From what contract value does EU procurement law apply to construction works? The EU threshold for construction works is EUR 5,538,000 (net, excluding VAT). This value is reviewed every two years.

Are design services (architects, engineers) construction works? No. Pure design services (architecture, structural design, building services design) are service contracts and subject to the lower service threshold. Only where a contract combines design and execution can it be classified as construction works.

Are maintenance services construction works or services? That depends on scope. Smaller repair and maintenance works can be classified as services; larger refurbishment works that affect the substance of the structure are usually construction works.

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