Contract Supplement to the Construction Contract by the Developer

@Toni, I have no idea, but would it be possible for the neighbor's basement to be built first and then you both receive a jointly poured floor slab?

These additional costs do not arise solely from the fact that the new neighbor stores parts of his excavation on your property, but - simply put - from the plain fact that the neighbor is "digging away" parts of your property and you can no longer build on "undisturbed ground."

Kind regards

If this is a general contractor contract and not a subcontractor, the property would belong to Toni0911.
A legal question about that: is the neighbor allowed to store soil on someone else's property?
And if he is already "damaging" the property by digging up soil, isn't he responsible for financial compensation?
I can't just dig around on my neighbor's property either.

Hello,


No, it is not a planning error and no, the BT does not have to cover the costs; although I assume that you are building with a general contractor (BT is a different story).

You have decided on a plot of land that was planned for an entire semi-detached house. As a rule, either both halves are planned on a slab or with a basement in order to avoid the additional foundation costs you described (there is that dreaded magic word again). Unfortunately, it happens that one of the semi-detached partners diverges – this is certainly not the fault of your provider – and wants to build contrary to the intended planning. So, if you want to stick to the plot/construction project, you must also bear the associated additional costs in the form of a stepped support. These additional costs do not result solely from the fact that the new neighbor stores parts of their excavation on your property, but – simplified – from the simple fact that the neighbor "excavates" parts of your property and you can no longer build on "natural ground."


Kind regards

As already written, the original plan was two semi-detached houses on a slab. Based on that, we signed the construction contract. Subsequently, the other half was taken over by another builder and planned with a basement. Ergo, I have not deviated from the original plan.

Hello,

@Bauexperte why does he have to bear the additional costs now? Isn't that the responsibility of the other house builder? We were also responsible for everything when we "started digging" the other house... does he really have to tolerate the neighbor digging parts of his property? I don't quite understand that.

This results from the simple fact that with a semi-detached house it cannot be any other way; even with a slab on grade the halves of the property mutually affect each other => workspace. If both parties build simultaneously, it simply does not stand out.

In the present case, neither party has built yet, both applications are still with the authority for approval. It would be different if "Toni" had already built, then the other neighbor would have to support Toni’s half. The building authority, however, does not care in the former case who signed which contract first – the stability of the two buildings is the focus.

It is also understandable that Toni finds the 10,000 EUR too high. Since the neighbor has to excavate for the basement anyway, the area where the stepped excavation is done is already exposed; meaning, the position for the earthworks required for this is omitted. ONLY – Toni is building on a slab on grade, meaning the area of the stepped excavation must be refilled – no idea if the excavation can be reused for this – and compacted in layers. That quickly adds up to several thousand euros.

Kind regards

Hello,

As already written, the original plan was two semi-detached houses from the foundation slab. After that, we signed the construction contract. Subsequently, the other half was taken over by another client and planned with a basement. Ergo, I did not deviate from the original plan.

Your insistence that you "did not deviate from the original plan" does not get you any further. You simply cannot force the neighbor to cover the additional costs; the same applies to your provider.

You refer to the BB in this regard and yourself say that nothing is mentioned there that would describe this situation. This inevitably applies the sentence I have repeatedly written: "what is not stated in the BB is considered not purchased."

If you absolutely want to build at this point, sooner or later – preferably sooner – you have to come to terms with the circumstances. At most, since the neighbor also has to backfill again densely, you can negotiate with your provider about reducing the additional costs regarding the omitted earthworks. If this is not an option for you, only withdrawal from the contract remains, along with the certainty that you will be stuck with the costs up to and including the building application.

Kind regards

@Bauexperte

But it's not about the building application ... but about the construction contract between the client and the contractor. Is there even a legal basis for simply adding a contract supplement like that? What if I now refuse to allow anyone to do an earth excavation on my property?