Work (Construction) in Procurement Law 2026

Definition: A work, within the meaning of procurement law, is the outcome of a body of building or civil engineering works that fulfils an economic or technical function and constitutes the central element for classifying contracts as works contracts or works concessions.

Last updated: January 2026 · Legal status: Directive 2014/24/EU Art. 2(1)(6), BVergG 2018 § 6, GWB § 103(3)

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What is a work?

The procurement-law concept of a work is broad and covers any outcome of building or civil engineering works that fulfils a self-contained economic or technical function. The definition in Art. 2(1)(6) of Directive 2014/24/EU reads: "Work means the outcome of a body of building or civil engineering works which is sufficient in itself to fulfil an economic or technical function."

Typical works within the meaning of procurement law:

• Buildings (offices, schools, hospitals)
• Roads, bridges, tunnels
• Hydroelectric plants, sewage treatment plants
• Wind power and photovoltaic installations (where linked to construction activity)
• Ports, airports

Significance for the procurement duty

The concept of a work is decisive for classifying a contract as a works contract or works concession and thus for determining the applicable threshold. Only where a contract is directed at the realisation, alteration or demolition of a work does the higher works threshold of EUR 5,538,000 apply. All other contracts are subject to the lower supply or service threshold.

Boundary questions

Boundary questions arise frequently in practice, for instance in connection with the installation of complex technical systems in buildings. The CJEU has held that the concept of a work requires an "economic or technical function" of the overall outcome. The mere supply of construction materials without performance of building works does not constitute a work and therefore does not constitute a works contract.

FAQ

Is the installation of a heating system a works contract? If the installation forms part of the realisation or comprehensive renovation of a building, yes. An isolated maintenance or repair service unrelated to the building substance is more likely to be classified as a service contract.

Which threshold applies to the conversion of an existing work? Conversion works that materially alter the building substance of a work are construction works and subject to the works threshold of EUR 5,538,000.

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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.