Term and definition of the check valve
The check valve is a mechanical or technical component designed to prevent the backflow of media—such as liquids or gases—in pipelines, systems, or installations. It is used in numerous technical fields, for instance in mechanical engineering, heating and sanitary systems, as well as in industry. In a legal context, the check valve is subject to various regulations, mainly arising from technical standards, product safety law, environmental protection, building law, and civil liability law.
Legal basis and standards
Product safety law
The Product Safety Act (ProdSG) and the regulations based thereon set fundamental requirements for the placing on the market of check valves. Check valves are generally considered products within the meaning of § 2 ProdSG and must, when made available on the market, particularly comply with the essential safety and health protection requirements.
Compliance with relevant technical standards, such as DIN EN 12050 for check valves in lifting units or DIN EN 12334 for swing check valves, plays a central role within the so-called presumption effect pursuant to § 4 paragraph 3 ProdSG. If these standards are observed, it is generally presumed that the protection goals of the ProdSG are met.
European Machinery Directive and conformity
For check valves used as safety-relevant components in machines, the Machinery Directive 2006/42/EC (implemented through the 9th ProdSV – Machinery Ordinance) may apply. According to the Machinery Directive, check valves may need to be provided with a CE marking, with a conformity assessment to be carried out. Manufacturers must prepare technical documentation, including a risk assessment, and issue an EC Declaration of Conformity.
Building regulations law
In building law, check valves may be relevant as part of the technical building equipment according to the respective state building regulations (Landesbauordnungen). Where check valves are intended for permanent installation in buildings, they may require general building authority approval or a declaration of performance in accordance with the Construction Products Regulation (EU) No. 305/2011.
Environmental and water protection
Pursuant to the Water Resources Act (WHG) and the corresponding administrative regulations, technical installations intended to protect surface waters and groundwater must be equipped with suitable devices, often including check valves, to prevent contamination through backflow. The specific rules can be detailed in water law permits, wastewater law, or technical codes such as DIN 1986-100 (Drainage systems for buildings and plots).
Liability law
According to the Product Liability Act (ProdHaftG), the manufacturer of a check valve is liable for damages caused by defects in the product. A defect as defined by the ProdHaftG exists if the check valve does not provide the safety that can reasonably be expected. In addition, tortious liability claims under the German Civil Code (BGB), in particular from § 823 BGB, may exist.
Contractual aspects regarding installation and operation
Contract for work and warranty
When installing check valves under a contract for work and services pursuant to §§ 631 et seq. BGB, the general provisions relating to material defects and the remedy of defects apply. If an unsuitable or non-functional valve is installed, the customer may demand subsequent performance, withdrawal, or compensation for damages.
Sales law
When acquiring check valves, the warranty rights under §§ 433 et seq. BGB apply. These include the rights to rectification, withdrawal, reduction, or damages if the product does not have the agreed characteristics or is not suitable for its ordinary use.
Obligations concerning monitoring and maintenance
Operator obligations
Operators of systems with check valves are subject to statutory monitoring and maintenance obligations that may arise from specific legal provisions (such as water protection law, BetrSichV) and the recognized rules of technology, depending on the application area. Regular maintenance and functional inspection are required to ensure proper operation and compliance with legal requirements.
Traffic safety obligations
In both public and private sectors, the operator of a facility with a check valve has a general traffic safety obligation to prevent harm to third parties. If this obligation is not fulfilled and a loss results from defective backflow, civil liability claims may arise.
Check valve in the context of specific legal areas
Water law and wastewater law
Check valves play a crucial role in water law to prevent the ingress of wastewater into drinking water systems or backwater in buildings. Compliance with relevant requirements is mandatory and may be stipulated in regulatory conditions or building permits.
Fire protection law
In certain applications, the check valve may also be relevant for structural fire protection, for example to prevent the spread of smoke in ventilation systems. The applicable requirements are derived from state building regulations and technical guidelines for smoke and heat extraction systems (e.g., DIN 18232).
Sanctions and legal consequences in case of violations
Violations of legal requirements for check valves can be punished as administrative offenses or even criminal acts, such as when pollutants are unlawfully discharged into the environment (§ 324 StGB – water pollution). In civil law, claims for damages or removal may arise.
Summary
The check valve is not only a fundamental technical component in numerous systems but also an element that is governed by a wide range of legal regulations. Its manufacture, placing on the market, installation, and operation are subject to various statutory provisions, spanning product safety law, building regulations law, environmental law, and civil liability and contract law. Legally compliant selection, installation, and maintenance are essential to ensure both the functionality of technical systems and compliance with all legal requirements.
Frequently asked questions
Who is legally responsible for the installation and maintenance of a check valve?
As a rule, the legal responsibility for the proper installation and maintenance of a check valve lies with the owner or operator of the respective system in which the check valve is used. For example, if check valves are installed in the drinking water sector, the obligations are derived from the relevant technical rules, such as DIN EN 1717 and the Drinking Water Ordinance (§ 17 paragraph 1 TrinkwV), which require that back-contamination into the public water supply be prevented. Specific reference is made to ‘technical safety devices,’ which can also include check valves. Thus, the building owner is responsible for ensuring installation in compliance with standards and legal requirements and for regular maintenance. In the case of commercial operators or companies, further obligations arise from occupational health and safety law and general traffic safety duties. When third parties—such as an installation company—are commissioned, control and monitoring usually remain with the owner or operator. However, if installation errors are verifiable, liability claims can also be asserted against the executing company.
What are the legal consequences of missing or defective check valves?
The absence or defectiveness of a required check valve can have significant legal consequences. On the one hand, civil liability may arise for damages caused by backflowing media, for example, contamination of drinking water, burst water pipes, or damage to connected systems. If physical injury or property damage occurs as a result, injured parties may claim damages and compensation for pain and suffering. On the other hand, public law, especially the Drinking Water Ordinance, provides for fines in the event of violations (see § 24 TrinkwV). If there is a specific danger to third parties, this may also lead to the temporary suspension of operations. Furthermore, supervisory authorities (e.g., health authorities) can order immediate retrofitting and, if necessary, further measures. In the field of occupational safety, the provisions of § 823 BGB (liability for breach of traffic safety obligations) also apply.
Are there legal regulations that mandate the use of check valves?
Yes, various legal provisions and technical rules require the installation of check valves in certain applications. In drinking water supply, the Drinking Water Ordinance together with DIN EN 1717 and the technical rules of the DVGW (German Technical and Scientific Association for Gas and Water) specify a variety of situations in which protection against backflow of water is mandatory. In heating systems, the check valve is required by standards such as DIN EN 12828 (Heating systems in buildings). There are also relevant regulations in industry, for chemical pipelines, or in medical facilities. Failure to comply constitutes a direct violation of applicable legal provisions, which may result in various liabilities and fines.
Who is liable for damages caused by a faulty check valve—owner, operator, or manufacturer?
Liability is determined on a case-by-case basis. As a general rule, the owner or operator of a system is liable for the proper functioning of technical installations, including check valves. In the event of damage, it must first be clarified whether the check valve was properly installed and regularly maintained. If the defect lies in manufacturing (e.g., material defect, product deficiency), the manufacturer can be held liable under the Product Liability Act (ProdHaftG), provided a product defect can be proven. If the check valve was installed incorrectly or inadequately maintained, the installer or maintenance company will be liable under contract for work law (BGB §§ 631 et seq.). The operator, however, generally always remains responsible and may only be discharged after successful recourse against third parties.
What inspection and maintenance obligations exist for check valves from a legal perspective?
Statutory and technical regulations prescribe recurring inspection and maintenance intervals for check valves, depending on the specific application area. In the drinking water sector, DIN EN 806 and the Drinking Water Ordinance require regular visual and functional inspections, which must be documented. The exact frequency is determined by technical rules and the risk potential of the respective system. In heating and other technical installations, similar inspection obligations also arise from manufacturers’ instructions and recognized rules of technology. Failure to conduct these inspections constitutes a breach of duty and may be considered gross negligence in the event of damage, which can lead to significant liability and insurance problems. Documentation of maintenance activities is crucial to provide evidence in the case of claims.
Are check valves relevant in tenancy law?
Yes, especially in the context of tenancy agreements, check valves play a role regarding the landlord’s traffic safety obligations. Under § 535 BGB, the landlord is obliged to maintain the leased property in a condition suitable for the agreed use. This also includes technical safeguarding against backflow where required by law or recognized technical standards. If a landlord fails to fulfill these obligations and damage occurs as a result, they are liable to the tenant for compensation and may also be subject to rent reduction. In addition, the landlord must comply with any regulatory requirements and obligations relating to the drinking water supply.
What role do official requirements and permits play in the installation of a check valve?
In certain applications—especially in the areas of drinking water, industry, and hazardous substances—the installation of check valves is subject to official requirements. Health authorities and water authorities check during construction approval or periodic reviews whether the required safety devices are present and functional. While a formal permit is usually not required, proof of proper installation and the provision of relevant inspection and maintenance documentation may be demanded by authorities. Particularly for special buildings (hospitals, laboratories, large-scale installations), the authority may impose additional requirements or conditions. Failure to comply with these requirements may result in restrictions on use, administrative fines, or orders for decommissioning.
