Base plate built 20cm too high

Hello everyone!

Half a year ago, our construction project was completed and we are already living in the house.

Our neighbor built 8m away from us, and from the beginning, we agreed that we both wanted to build the entrance with one step and to evenly pave the area between our houses. Therefore, we agreed on a height for the building application.

Now, when we wanted to start the paving, we noticed that our construction company did not comply with this and built our house almost 20 cm higher. Great, now the paving on the 8m between our houses no longer fits.

We gave our company the chance to provide a proposal for a solution. Initially generous, they promised us to take care of the preparation for the paving (curbstones, drainage, etc.) (graveling is already done) and offer us a VERY good rate for the paving. We were given a good rate verbally (4 months ago!!!), but now the company has been completely silent for 1 month. About 20 calls, no answer, and only statements like "We will call back soon" for 4 weeks.

What options do I have now? Do I have to contact someone specific, or go straight to a construction lawyer?

Best regards, Steven

If the construction company is unwilling to help you voluntarily and good persuasion does not work, then only the legal route remains (or waiver). A lawyer would at least explain to you what claims you have and what the chances are of enforcing these claims.

The lawyer can only ever advise based on facts. Therefore, it should be clear beforehand whether your house is 20 cm too high or the neighbor’s house is 20 cm too low (or or or) and, very importantly, what was owed. Who made which contract with whom and what service was agreed upon? How does the delivered service deviate from this target (defect)? Possibly, the first step leads to an expert who determines the situation (specialist lawyers for construction law should have suitable contacts).

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When did you notice that your height was not correct and what have you specifically done since then?

The legal process is one thing. I forgot to mention that we withheld almost €10,000 until all defects were fixed. However, I have no idea how much we are allowed/can withhold permanently.

The height of the foundation slab was clearly specified in the building application. The subsequent exact measurement using leveling relative to street level and a professional GPS(?) device yielded the same results: our house is at the wrong height.

A construction company must comply with a building application, right?

I would even say that without approval of this change, you are living in an illegal building. A 20 cm height difference between the plan and reality (by the way: that sounds like someone calculated the excavation for the slab based on the height of its upper edge) is beyond any "tolerance."

Deadlines for defect notifications and the like continue to run during the patient waiting for callbacks. Be careful that your withheld money is not claimed by someone who identifies themselves as the insolvency administrator of the construction company.

Promises that are not documented are even less valuable. One should see a specialist lawyer soon, even if only to correctly notify the party responsible for performance or defect remedy of default.

20vm sounds like a confusion between the top edge of the finished floor and OKRD.

Are you sure it is really a mistake?

The subsequent precise measurement by leveling to street level and professional GPS(?) devices yielded the same results: Our house is incorrect in height.

And you moved in anyway (thus accepted the defective building). Did you assert a reservation regarding the defect?