Berlin – October 29, 2026 -- Property developers in Germany remain legally responsible for site safety even when they hand work to specialist contractors, and failing to act on visible hazards can lead to civil damages claims and, in serious cases, criminal liability, according to statutory accident insurer BG BAU.
Duty of care applies regardless of who performs the work
The duty, known in Germany as Verkehrssicherungspflicht, requires developers to prevent hazards to third parties such as passers-by, neighbors and site visitors. BG BAU Prevention Director Björn Kass stated that the obligation applies whether the developer acts directly or commissions outside firms.
BG BAU, which covers more than three million insured persons, about 614,000 commercial companies and roughly 48,000 private construction projects, said developers and executing companies must identify hazards early and put suitable safeguards in place.
BG BAU lists seven site-safety requirements
- Emergency preparedness and first aid.
- Planning for construction machinery, which must be operated by qualified personnel, inspected regularly and set up stably.
- Allowance in planning for work areas, vehicle movements, traffic routes, break rooms, toilets and safety distances.
- Regular review of safeguards as routes and work areas change during construction.
- Adequate lighting and visibility of personnel in darkness.
- Fall protection, including secured edges and floor, ceiling and roof openings, properly erected scaffolding and minimal ladder work.
- Pre-work checks for hazardous substances in renovation and conversion projects, with risk assessment and protective equipment.
Public areas need physical barriers
Publicly accessible zones, including sidewalks in front of the property and areas beneath roofs or scaffolding, require effective protection. BG BAU names construction fences, traffic safety elements and protective roofs as examples. Recognizable hazards must be removed or secured without delay, either by the developer or by commissioned firms.
Contractor selection carries liability exposure
Companies hired for safety measures must be competent and suitable, and developers should verify that they perform their tasks properly. A developer who sees obvious defects or dangers and does not act can share responsibility for property damage or personal injury.
Violations of accident prevention regulations can also draw fines, even if no damage has occurred.