Construction stop by authority and demanded repair

Hello everyone,

since we are very busy with our jobs, we have decided to realize our dream of owning a home through a general contractor.
There was quite some time between the notarized contract and the actual start of construction without us being informed in any way why construction was not starting. When it finally began in mid Q4/2020, we were very relieved and did not see any further problems on the way to the finished house. Although the weather caused further obstacles, nobody is to blame for that. However, when we were invited to a meeting a little more than 2 weeks ago, we had a completely uneasy feeling. Our construction site was halted. Only through repeated inquiries did we get closer to the reason. We learned that the building is some decimeters too high. The reason given to us was the groundwater level and that it was therefore not possible to dig deeper. Now the basement walls and a tent stand over our construction site. As far as I am informed, a [Tektur] must be submitted to the district office or the municipality. At the moment, we do not know whether the district office or the municipality ordered the construction stop. We also do not know if the [Tektur] has already been approved. The person in charge at the district office is currently on vacation. Now the general contractor has informed us that the basement ceiling is to be concreted next week.

Is this possible without approval of the [Tektur]? Should we as building owners intervene and do we risk problems with the authorities and the municipality if we do nothing and trust the general contractor?

At the moment we do not feel very good about it and would be happy to receive support from the forum.

Many greetings
ti

Hello,

first of all, an introductory question;
Do you have a company build a house (=GU) or do you buy a house (= developer)? This is often confused by laypeople, but is immensely important in your case.

It sounds more like a developer in your case, since you are not involved in the process. In the case of a developer, the company is the client and therefore has to take care of everything.
A change to the permit could not be done without in the case of a GU

(Part II) .... not proceed without your signature.

In case it is a developer:
Do you have a completion date? Then you could put them in default.
If you don't like the new height, you have to notify them, as you did not order the house like that. It would be important to read your contract and see if heights were already recognizable from the current plans.

General contractor:
Clear problem of the construction company, they should have informed you about the increased groundwater level. This did not happen.
Was there no soil survey? Was the level different than in the survey? Would working in groundwater be a contractual component and did they just take the easy way out? In my opinion, it makes sense to found the house higher if it reduces water, but it also depends on the surrounding location and your garden planning.

For both cases:
Why don't you have a knowledgeable representative on site if you cannot show presence?

There should be a proper reaction now, so off to the expert or lawyer.
This also includes your question of whether construction can continue. As a developer, you don't care. As a client of a general contractor, you have to inform them that without a proper permit, the risk lies on their side.

oh dear...

Whether the district office or the municipality ordered the construction stop is currently unknown to us. We also do not know whether the Tektur has already been approved.

Those who do not ask remain ignorant. Why don't you put your GÜ (?) under pressure because of this?

Hello everyone,

we have taken the advice of seriously and have gotten an appointment with a lawyer for next Wednesday. The building application was first submitted by the general contractor last year. About 2 months after approval by the district office, we pushed to carry out the change of builder, as this is also provided for in our notary contract. We submitted all forms and documents to the GC, as they wanted to submit the documents to the district office. We have, parallel to our topic here in the forum, inquired by email at the district office about the status of our project. According to the district office, as the highest building authority, the building was stopped because the building (basement) is too high and therefore the setback distances cannot be maintained. Furthermore, the district office asked us to send a copy of the documents regarding the change of builder, as these have never arrived at the office. We complied with the request immediately. The district office also informed us that any activities not related to securing the site are not permitted. Let’s see what comes out of the lawyer. The district office told us not to rush anything, as we currently have time. Without approval, construction may not continue, and because we have contacted the district office, we cannot be held liable.

Thank you all