BG BAU: Developers Stay Liable for Site Safety Even When Outsourcing
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.