Construction contract according to VOB Part B and C: Withdrawal without building permit?

Hello everyone,

We are now about to sign the contract with our home builder. The contract is based on VOB Part B and C. I have read through Part B.

In order to submit the building application, we have to sign the construction contract, since we are building a turnkey solid house including all architectural and application services. Now I am wondering if we can get out of the construction contract according to VOB if we do not obtain a building permit. Can someone give me a tip on this? I don’t want a municipal authority, the local council, or the district office to generally say no and then have us be forced to fulfill the contract even though we cannot build.

If I understand the article in VOB Part B about termination correctly, we can terminate, but of course we have to pay the proportional costs for architect, building application, etc.

The probability is quite low since the plot is already developed. Basically, building on it is possible. The designs still need to be approved by the authorities. Drilling for the ground-source heat pump is also possible (OK from the district office). I just want to be sure here.

Thanks!

Mading

My layman's opinion: If the company fails to create an approvable plan, you should definitely be able to terminate the contract, provided it doesn't fail due to "extravagant" wishes on your part. Otherwise, the construction company can only charge you for what they have actually done (which is fair). If they are not allowed to build a house, they can hardly charge for it.

Why don't you clarify things beforehand? We also met with the architect and the building authority on the site and went through the architect's designs. Here, the building authority was already able to raise concerns and objections, which we have taken into account accordingly. To be absolutely sure, you submit a preliminary building inquiry beforehand. Otherwise, just talk to each other beforehand, seek compromises, and don't go on the offensive.

Hello,

If I understand the article in VOB Part B regarding termination correctly, we can terminate, but of course we have to pay the proportionate costs for architect, building application, etc.

Yes.

The probability is quite low since the plot is already developed. Basically, building on it is possible. The designs still have to be approved by the authorities, of course. Also, drilling for the brine heat pump can be done (OK from the district office). I just want to be on the safe side here.

There is always help for people who speak up

Talk to your favorite and ask him to list the costs for preparing the building application including drilling. Then include these total costs in a right of withdrawal in case a building permit is denied. That way you know from the start what the house building project can “cost” you in the worst case if it does not proceed. With us, this is called “withdrawal with reimbursement of expenses” – your provider surely has something like that too.

Rhenish regards

Hello everyone,

thank you for your feedback, everything worked out. The construction is ongoing