Access to the construction site not allowed - construction contract

Hello,
I have purchased a condominium in a 3-family house, new construction, which was supposed to be ready for occupancy in June 2011. Meanwhile, since October water has been everywhere in the apartment, about 230,000 euros have been paid by each of the future owners, the water damage is becoming increasingly severe, the developer does not react, only lies to us and insults us. In our distress, we are now there so frequently as if we were building ourselves and not having it built.
The developer has now stated that he only owes the final product (which is true... and has been so for half a year) and that we are neither entitled to interfere in this process nor allowed to be on this construction site at all. We would be committing a criminal offense.
At the moment we do not like to watch our money rot away and find neither in the Real Estate Agent and Developer Ordinance nor in our contract a statement that the buyers/building owners are actually prohibited from entering the construction site.
Does anyone here have advice on whether we are indeed in the wrong if we, for example, want to see on site for ourselves the supposedly undertaken drying measures.
Regards
Amygdala

With BT it is like this: you buy EVERYTHING in the end, that means he is now the owner of the property and can therefore forbid you from entering. But is the 230k€ already everything, or do you still have to pay?

Hello,

We currently dislike watching our money rot away and find neither in the Real Estate Agent and Property Developer Ordinance nor in our contract any such statement, that buyers/builders are actually forbidden to enter the construction site.
Does anyone here know if we are actually in the wrong if we, for example, want to get an idea of the supposedly implemented drying measures on site?

You won’t find anything in the Real Estate Agent and Property Developer Ordinance either, because conditions such as the "house right" are fixed in the contracts for work and services and not in the legal text.

If your contract for work/notarial purchase contract contains no provisions regarding the house right – which I can hardly imagine – the general contractor cannot exclude you from the construction site. Especially not if there is "imminent danger," since the general contractor owes you a defect-free service. However, water in the building does not count as such danger; if he sets up drying devices soon, this issue should be a thing of the past.

The amount you mentioned of EUR 230,000 represents the entire purchase price, or are there still payments outstanding?

Kind regards

Hello,
thanks for the info, there is nothing about house rights in the contract, I checked again, the danger is not imminent, however the drying measures that have been running for a week are unfortunately inefficient, because below 5°C the whole thing only works properly in connection with heating devices. He is not willing to pay for this, while he writes to us that there are enough of them on the construction site. He assumes that we do not verify.
The total purchase price amounts to TEUR 314, the builder is filling old holes with our money, progress is slow, he owes screed, which we have all already paid for, even though we shouldn't have had to. He constantly demands partial amounts of some instalments, the fulfillment of which is not comprehensible. So all in all difficult. despite our architect already being involved, who is cooperating with the builder’s architect.
Best regards
Amygdala

Thank you for the reply, the plan is certainly agreed upon. It refers to the Brokers and Developers Ordinance according to which he does not have to demand the full installment either in this order or every time, but may also do so proportionally. It is now also clear to me that this was reckless, but such insight unfortunately does not help afterwards. I do not know what GU/GÜ is? I have a contract with a developer, if BT means that? Best regards

....I don't know what GU/GÜ is?

General contractor/general receiver

... I have a contract with a developer, if that means DT? Regards

What a developer (DT) is has been briefly described above by Perlenmann! Regards