We commission the construction company to plan according to the development plan and LBO and to comply with them. Therefore, shouldn’t it be liable if it ends up building differently?
You are liable to the municipality. The construction company is liable to you. What theoretically looks very simple can crush you in the sandwich position. In case of doubt, the municipality does not care how long you need to assert your claims. In a district in Bavaria, newly completed single-family houses are currently being demolished because the general contractor built them a few centimeters too high. The case went through all instances and the order is legally binding. What good is liability to you then? You still have the trouble.
Our general contractor only built with a building application and building permit. He would not have agreed to anything else. For us, however, a permit also only takes 3 months if everything complies with the development plan.
With us, an approval only takes 3 months if everything complies with the development plan.
So you have to wait almost 2.5 months longer before you are allowed to build. That is a lot of time – especially if you are building somewhere where the time gain is significantly greater. I would also prefer to start in September and have the shell construction ready by winter, rather than starting construction in winter.
the general contractor built a few centimeters too high
That is not quite correct, the deviations from the building application are apparently quite significant. Whether the demolition is really appropriate is another matter. I think old scores are being settled here... You should at least roughly stick to the plans you submitted. Nobody ends up making a big deal over a few centimeters; things are not that precise in construction anyway. But simply building two rows of bricks higher, significantly raising the ground level, and constructing a different roof than stated in the building application can cross the line. Best regards, Andreas