Are leaking silicone joints covered by buildings insurance in Germany?
In short
Are leaking silicone joints covered by buildings insurance in Germany? Usually not. In 2021 the Federal Court of Justice ruled that water seeping through a leaking joint between shower tray and wall is not escaping tap water under the model terms. The claim was almost EUR 17,600. The insurer only pays if your policy expressly includes damage from leaking joints.
Documented amounts on water damage in the bathroom and the court case, plus a guide value for repairing the joint.
Example
Typical range
Joint damage in the court case, originally claimed
EUR 17,575.70
Amount in dispute before the Federal Court of Justice
EUR 9,763.58
Tap water damage to residential buildings in 2024, total
EUR 4.9 billion
Having bathroom silicone joints renewed
about EUR 150 to 500
Amounts in the court case from ruling IV ZR 236/20,
total damage from the German insurance association for 2024.
The cost of renewing joints and the amounts in the worked example are guide values from our
practice and depend on area and region.
Worked example
Detached house, shower joint leaking for months, stained ceiling downstairs
How the damage is shared if your buildings insurance follows the model terms.
Leak detection
about EUR 300
Drying screed and ceiling
about EUR 1,500
Filling and painting the ceiling, renewing joints
about EUR 1,200
Buildings insurance payout without joint clause
EUR 0
You carry about EUR 3,000 yourself. With a joint clause the insurer would have paid within the cap, minus the excess.
What the Federal Court of Justice decided on leaking silicone joints
In the case before the Federal Court of Justice (Bundesgerichtshof), shower water had run into the floor of a house through a leaking silicone joint. The regional court dismissed the claim, the higher regional court partly allowed it. The Federal Court of Justice overturned that: buildings insurance (Wohngebäudeversicherung) does not have to pay.
The wording of the tap water clause decides. Covered is water escaping from water supply pipes, connected hoses or other equipment connected to the pipe system. According to the ruling a silicone joint is not such equipment, because it has no connection to the pipes.
Why a burst pipe is covered and a joint is not
If the pipe behind the tiles bursts, tap water escapes where it should not. That is the core of buildings insurance, including finding the leak, opening up and drying. With a leaking silicone joint the water has already left the shower normally and only then runs the wrong way.
To you both look the same: wet wall, mould, damage to the ceiling below. Legally they differ, and looking after the joint remains the owner's job.
Cause
Buildings insurance under the model terms
Note
Burst pipe in the wall
covered
including leak detection and drying
Leaking connection at the shower drain
usually covered
the drain is part of the pipe system
Leaking silicone joint between tray and wall
not covered
Federal Court of Justice, IV ZR 236/20
Joint and tile damage with an extra clause
covered within the clause
watch the cap
Damp from missing waterproofing during construction
not covered
defect, check claims against the tradesman
When you may still get money
Money only comes if your policy expressly includes damage from leaking joints or seals in the bathroom. Whether it does is stated in the terms or the policy schedule. Watch the cap and excess of such a clause.
If the silicone joint leaks shortly after a bathroom refit, the tradesman may be liable for the defect. Keep the invoice and handover record and report the defect in writing before you reseal it yourself.
Owner occupied flat: who pays for the joint
In a homeowners' association (WEG) the joint buildings insurance does not pay for the joint either if its terms follow the model terms. Then the question is who bears the damage to screed and ceiling. That depends on the declaration of division and apartment ownership law, not on the insurance.
If water from your leaking silicone joint runs into the flat below, the neighbour can claim from you if you neglected the joint. Your personal liability insurance deals with such claims, not the buildings insurance.
Avoid follow on damage
Even without cover for the joint, act fast. Under Section 82 of the Insurance Contract Act you must prevent and reduce damage where possible. If there is also an insured tap water claim, the insurer can cut the payout for gross negligence if you delay drying.
Tap water damage cost German insurers EUR 4.9 billion in 2024, more than twice as much as ten years earlier. A leaking silicone joint that goes unnoticed for months can be as expensive as a burst pipe, only without an insurer behind you.
Step by step
Stop using the shower until the cause is clear.
Photograph the joint, wet patches and ceiling.
Have leak detection done to rule out pipe damage.
Report the damage to your buildings insurer anyway and state the cause.
Start drying at once, do not wait for a decision.
After a recent bathroom refit, notify the tradesman of the defect in writing.
Checklist
Terms checked for a clause on joints or seals
Cap and excess of that clause known
Bathroom joints checked regularly
Invoice for the last bathroom refit to hand
Personal liability in place for damage to neighbours
Common mistakes
Resealing the joint yourself and forgetting the soaked ceiling
Assuming any water damage in the bathroom is tap water
Waiting with drying until the insurer replies
Not ruling out pipe damage that would be covered
Questions and answers
Frequently asked
Does contents insurance pay for a leaking silicone joint?
For your damaged furniture usually not,
because contents insurance uses the same definition of tap water as buildings insurance.
Does the ruling apply to the bathtub too?
The ruling concerned a shower tray.
Its reasoning, that the joint is not equipment connected to the pipe system,
applies to a bath joint just the same.
What if I do not know whether pipe or joint is to blame?
Have a leak detection done.
If a pipe or the drain leaks, it is covered tap water damage.
Can the insurer cut the payout for poor maintenance?
For covered damage yes, if you acted with gross negligence and your policy does not waive that.
For the joint itself it does not pay anyway.
How often should silicone joints be renewed?
Check them at least once a year.
Cracks, gaps or black spots show the joint needs replacing.
