Can the move-in be postponed due to defect remediation by BT?

The developer will hardly repaint the hallway after you move in, as new dirt may have been caused by you. If a socket is missing, an agreement will be made on a "compensation" of €100 discount or something like that. If the high-voltage connection for the stove is missing in the kitchen, you will not want to move in (refuse acceptance), so the builder will make corrections and you will only move in afterwards -> of course this will postpone the planned acceptance date. What happens if the developer offers a new acceptance date only two months later? According to the contract, initially nothing - it is your bad luck / risk. If he then needs another 2 months - will he pay a penalty according to the contract? - You will still be stuck with the costs for hotel / furniture storage,... The acceptance / scheduling delay and apartment termination is always a risk that almost every builder has to take. We only wrote the termination of the apartment after the final acceptance (with expert) - then 1 month of self-performance was done - 1 month paid twice and the 3rd termination month was covered by a subsequent tenant. Otherwise we would have had to pay double for 2 months - but the costs were clear to us from the beginning (double burden).

Addendum: I am posting my additional question about the communal property here: Does the exterior wall (the wall facing the balcony) belong to the communal property or to the private property (i.e., only my property)? Because I suspect a thermal bridge at this point. I had a water stain at that spot in the spring. It would be important to know this so that I am aware during the defect inspection. Many thanks Erika

Walls that are relevant to the stability of the building are not separate property, but common property (see also §5 WEG). This is probably the case with your exterior wall.

Walls that are relevant to the stability of the building are not separate property, but common property (see also §5 WEG). This should be the case with your exterior wall.

This exterior wall supports the upper roof terrace. Therefore, it should be common property.

I always only read specialist lawyer...[...] We had such a good relationship with our BT,

In the present case, the builder IIRC explicitly prohibited bringing an expert to the inspection before acceptance. I consider that at least unprofessional. Furthermore, I have the impression that fraubauer is rather -- let's say -- inexperienced in these matters. With all due respect! Therefore, I stand by my recommendation, which is based solely on what is written here. Of course, the truth could be quite different.

Good evening,

I am interested in the following. Is the developer allowed to postpone the move-in date communicated by email (we have terminated our apartment accordingly) to the original move-in date according to the purchase contract (which is 2 months later) by remedying the following defects?

I would have wished for our lawyer to respond, but he probably has even less time than I do at the moment.

No one here can answer your question because none of us know your contract; only well-meaning guesses will be posted. It is nice that you posted an excerpt. Unfortunately, that says nothing about the rest of the contract – which is probably implicitly structured.

Go to a lawyer you trust and clarify your contract and its exclusions with him! When I read the wording in the reasoning, I get goosebumps... but presumably it is also the reason why you chose this provider.

Rhenish regards