Developer refuses to hand over documents

  • Erstellt am 2019-09-10 21:12:03

Fay1983

2019-09-10 21:12:03
  • #1
Hello,

I am still quite new here and hope my concern is addressed correctly here. We are currently building a turnkey home through a developer, meaning we are purchasing the finished house with the land. Semi-detached house, 130 sqm, currently a shell construction, roof and windows completed, house practically "closed." We have now noticed glaring defects in the construction of the interior walls; in some cases, the required bricks were "cut" with an axe instead of using the available saw. The walls look accordingly, were plastered with tons of mortar so that later when attaching furniture we can never be sure if it will hold. In plain English: botched work. A defect notification to the developer has so far led to nothing, it was ignored. The responsible persons are never reachable by phone, and we have not yet personally met the responsible construction manager even once.

We have now arranged for an expert and have repeatedly been told that for any possible remaining construction supervision, the following documents are required:
Structural engineering report
Thermal inspection report
We asked the developer to provide us with these documents, but this was refused; we will only receive them once we are the owners.

What can we do now? Even if the developer denies us an expert and exercises his house rights, we would at least like to have an expert present at the final acceptance. However, we will receive the documents only AFTER this handover....

Does the developer have to at least provide the documents in advance for the acceptance? Do we at least have a chance then to complain about the defects already identified and insist on rectification? Even if it is very inconvenient to reopen already finished walls, but as I said, currently no one is talking to us. So far, we only have photos as "evidence."

I would really appreciate if someone had advice, as the whole construction project is currently turning into massive frustration.

Thanks and best regards
 

11ant

2019-09-10 21:49:48
  • #2
I don't quite understand: on the one hand, your description sounds as if you did not misuse the term developer, on the other hand, you speak of visible defects in the construction and of construction supervision, which again sounds more like a construction contract with a general contractor.

A developer would legally be nothing other than a "previous owner" of the house, against whom you have no claim for proof of professional construction, nor for inspections of the construction site.

Shoddy workmanship and expanding foam are, by the way, "main ingredients" quite often in such houses, which are "turnkey" (in the sense that the naive consumer understands the term) "all show on the outside."
 

Fay1983

2019-09-10 22:02:46
  • #3
In fact, the construction service description mentions a site manager who was also supposed to be introduced to us. The construction service description was also the basis of the notary contract. I believe that the developer, who also acts as the general contractor, has some problems themselves in distinguishing the individual responsibilities. This would also fit with the otherwise partly disastrous organization.

But it is indeed a genuine developer contract; we definitely acquire the house and land only after completion.
 

apokolok

2019-09-11 14:53:05
  • #4
You have no chance, the BT is right. Apart from that, I don’t think it will be particularly relevant in the long run how a stone for an interior wall is cut. If that’s all there is, I would sit back a bit and wait for the handover.
 

Mottenhausen

2019-09-11 15:07:42
  • #5


including all visible and invisible defects.

Don’t get upset about the stones, I don’t know how bad it is, but a plug won’t hold any better in aerated concrete than in mortar. There will still be 1-2 cm of interior plaster applied.
 

Fay1983

2019-09-11 17:32:45
  • #6


I have to take over a house with visible defects? I can hardly imagine that. What is the handover with a protocol for? Even a BT can hardly take whatever they want? To be honest, I am quite shocked right now, it can't be that I have to buy a faulty work in the end. Defects that already exist.
 

Similar topics
25.03.2012Land now - house construction next year23
02.09.2013Angular bungalow on 800m² plot - financially feasible?16
14.01.2014Buy land let build dream house26
14.07.2015Turnkey home. Free land17
05.04.2016Acquire green land adjoining the property?15
10.08.2018Landscaping company - defects, high bill, no warranty?!13
06.08.2019First conversation with the developer - first numbers...64
06.02.2021The developer requires a down payment to start drawing42
16.05.2021Approach for Initial Contact with Property Developers & Prefabricated Building Suppliers24
08.12.2021Would you build yourself again or use a developer?31
06.04.2023Deficiencies in the new construction. Dispute over the amount of withholdings.35
25.12.2023Behavior in case of imminent delay by the property developer48
14.08.2023Does the builder have to hand over the soil report?18
21.10.2023Land and home financing - together or separately?54
23.12.2023Broken tiles warranty? New apartment from the developer13
19.04.2024Bank withdraws financing commitment due to defects20
22.07.2024Dividing land for a duplex, how to best sell the second half14

Oben