Windowpane) never replaceable again

A question for potential lawyers or people who have had similar experiences. We have a U-shaped reinforced concrete staircase (double-wound without an intermediate landing) from the basement (on the street side at street level) to the ground floor. "Behind" the staircase is a window so that the stairwell is a bit brighter and you don't always have to turn on the light during the day. The window is closed, meaning it is not designed to be opened (no lever etc.). So far so good. Recently, we considered possibly installing a (partially) frosted pane so that the staircase is not so visible from the outside, and it was noticed that the pane probably can never be removed from the window again, since the staircase reaches right up to the wall. The question now is, is this a (hidden) defect if one cannot replace the pane in a window without either severely damaging the staircase or having to chip away some of the plaster and partially the masonry on the inside? For now, it is not about the other glass, as one could manage, especially in the basement, with a film. However, I am wondering who would cover the additional costs if the pane, for example, breaks. As mentioned, the wall above the window would have to be chipped away somewhat so that the pane can be lifted out upwards. Many thanks for answers, opinions, and possibly comparable court decisions or legal texts...

You have approved the detailed planning... therefore

We also have a 3.5m fixed element there, but you can still reach it. Everything else would have been a no go...

We suspect something along those lines as well. However, one can certainly expect an architect to inform you of such minor details and ideally suggest changes. As a layperson, you don't necessarily see every pitfall on a plan. In reality, a pane probably doesn't simply break by itself but is, for example, kicked in by the neighbor's children with a soccer ball or something similar. Besides, you also have glass insurance that probably covers the complete replacement, but for me, the question still remains how this actually looks legally.

Hello,

I’m currently having trouble visualizing the whole thing.

Can you upload a picture of the window in question?

Somehow, the pane must have been fixed into the frame and also be able to be removed again.

Does the staircase go right up to the window or is there still some "space" in between?

Regards,

Dirk

So, the staircase, made of reinforced concrete, goes up to the wall where the window is, of course not directly up to the glass. There is naturally still some space between the staircase and the glass. When it was installed, the house was still in shell construction condition. The lintel above the window was back then higher than the window itself; at that time, it was said that the window opening was too large, as someone apparently thought that a roller shutter would also be installed there. This allowed the window to be slid from above behind the staircase. However, afterwards, a Styrodur block was glued into the approximately 15 cm high gap. My current assumption is that they then realized that they had not accidentally planned for a roller shutter, but rather realized that otherwise the glass could neither be replaced nor installed back then.

This way, you could slide the window from above behind the stairs.

So, more or less, this also works with the window glass replacement. This usually takes about 30 minutes; with your TH window probably longer, because the pane cannot be removed frontally from the front. It has to be worked on from the ground floor and attic (or upper floor, depending on which house type you had built).

So no defect - you approved the execution plans and your architect could assume that you are capable of thinking

Rhenish greetings