Building acceptance of new construction despite missing heat pump. Significant defects?

Thanks for the effort you are putting in. I really appreciate that.

So what I have taken away now is that I first find out what alternative he offers here. I did not know about the mobile heat pumps. In my ignorance, I assumed a solution like electric heaters and instantaneous water heaters, which thankfully would be nonsense. Is a simple phone call enough here, or do I need the solution in writing to have something conclusive?

No, according to the Broker and Developer Ordinance, the last installment of 3.5% is still missing after full completion. In this respect, an acceptance (acceptance with defect protocol) could take place. In my opinion, it depends on the interim solution. For the average house of €500k, the OP would still have a retention of €17.5k. So it depends on what the defects are "worth".

I, too, would have recommended as appropriate to carry out an acceptance with defect protocol – if the word "if" were not there (and the developer behaved professionally accordingly), but unfortunately you probably have to ask him to do so first. An operational and permanent heating system not delivered at the agreed time – that is, not yet at the acceptance date – is in my opinion only provisionally adequate to the agreed delivery if the developer makes a concrete statement in good time before the date on the following points: a. technical concept of the interim solution and its expected duration; b. his willingness to accommodate higher operating costs of the interim solution and, if applicable, "compensation" for the more complicated operation thereof; c. handling of overruns of the anticipated interim solution phase. So far, he has not considered any of this necessary, although he (hopefully!) has not been building residential buildings commercially for "consumers" only since yesterday! So far, the OP must fear that the interim solution might consist of "wear three jackets on top of each other" and/or "keep yourself warm by thinking warm thoughts" and last until doomsday or at least until "we’ll see when." However, this is, in my opinion, to be decisively rejected as an outrage. I could imagine that following my suggested approach (which, mind you, includes no threats of overreactions), the OP would end up "like nothing the world has ever seen" in first place on the developer’s heat pump waiting list. Whoever barks back the quietest draws the short straw.

In my ignorance, I assumed a solution like electric heating and instantaneous water heaters, which thankfully would be nonsense.

You are indeed ignorant – but mostly because your contractual partner has not clearly stated anything so far. This solution path would only be nonsense in theory – the fact that so far no one dares to try it in practice is not guaranteed.

Is a simple phone call enough here or do I need the solution in writing to have something conclusive?

You don’t mean that question seriously. You always "talk" to sly foxes in writing, better one registered letter too many than one too few.

Possibly bring in a building surveyor for the inspection? They could then be the scapegoat depending on your interests...

With sly foxes, you always "speak" in writing, better to send one registered letter too many than one too few.

As a rule, written form is recommended for major defects, even if the BU is the dearest friend ever. I wouldn’t accuse slyness here yet. Everyone has probably noticed by now that technology is becoming scarce. The BU is also not guilty of the defect fraudulently – I’d rather ring Mr. Habeck’s doorbell for that. That he needs an acceptance is obvious. He can’t leave all projects as unfinished in the books until doomsday, otherwise he would have to file for insolvency tomorrow. The big question remains: what does he offer as an alternative? Here I would try to find a joint solution in conversation. If nothing or little comes of it – lawyer.

One more thing. We did an interim inspection before moving in (the carport was still missing, etc.) No idea if that's legally sound. However, during the time until the final inspection, you could test the whole house and certainly noticed one thing or another.

Hello dear all,

I had a longer phone call with the developer today. He told me that there is currently an electric heating system in the house that heats the entire house. This is necessary because of the screed and would heat the entire house. He would cover the costs for the electric heating without any objections for the duration of the provisional arrangement. He also assured that we will have hot water on the day of acceptance. He will inform me exactly how that will be. Since there will be additional costs due to the provisional arrangement, he will fully cover all of them. We will also record this in writing in the acceptance protocol. He also offered me to withhold the security deposit, which is stipulated at 5% in the broker and developer contract, with the argument of incomplete completion. That would be okay for him.

When I asked him if he could confirm what we discussed in writing, he denied it, arguing that all of this is contractually agreed upon and does not require a separate written confirmation. And that we would fix the issue with the heat pump in writing at the acceptance appointment. However, we will not be able to enter a deadline here because the supplier - the company Vaillant - currently cannot give a date and does not provide any information.

What is your opinion on this?