Description of construction performance deviates from the development plan

  • Erstellt am 2011-01-30 19:56:56

mar02

2011-01-30 19:56:56
  • #1
Hello everyone,

I have bought a house in turnkey construction. Shortly before the design appointment, there was now a price adjustment because, according to the development plan, windows with increased soundproofing must be installed.

Is this legally correct in terms of building regulations?
Or do the soundproof windows have to be included as standard equipment in this case?

Can someone help me with this or has experienced something similar?
I am thankful for your answers!!
Thank you!
 

Bauexperte

2011-01-31 10:33:32
  • #2
Regulations of the Development Plan + Their Implementation

Hello,


This subsequent "upsampling" by your provider is unfortunately not very rare; it happens when the preferred provider offers an unusually low price in advance and also when the buyer is "afraid" of selling.

In your case, two factors come together – one of the aforementioned and your obligation to cooperate; both were ignored. You are the landowner, which means primarily you should have taken care of the development regulations. For your own protection, because how else should you have assessed the more or less professional statements of the seller(s)?

The construction description usually includes a clearly defined scope, which varies depending on the provider; soundproof windows are usually subject to an extra charge. You can now try to meet your provider/seller "halfway" regarding the costs, as in my opinion both of you share the blame equally for the omission. However, if he does not want to agree to that, you have no legal recourse – unless something similar to "the regulations of the development plan are taken into account and part of the contract within the sales price" is stated in the contract – to shift the costs to the provider. But since you will most likely not obtain a building permit without the soundproof windows and probably other soundproofing measures, you will be the sole payer.

Kind regards
 

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