rosinanthe
2022-03-28 23:04:18
- #1
Hello forum,
after quietly reading and learning for two years, I am now turning to you with my own question. I have purchased a newly built condominium from the developer. Completion will be in August 2022. The building has three floors and a total of nine units. The construction performance description specified decibel values and standards that are to be met by the installed soundproofing. If I understand correctly, after acceptance and handover of the condominium by me, the burden of proof reverses if I suspect a defect somewhere. If I now suspect a defect during acceptance, would it be the developer’s responsibility to prove to me that it is not present? Specifically: at acceptance the building will be unoccupied and quiet. Compliance with the decibel values, due to lack of measuring equipment and noise, may not be verifiable by me at that moment. Can I blindly suspect a defect and force the developer to prove compliance with the construction performance description? Or will he likewise "blindly" assure me that the construction performance description applies and was complied with? Do I have to wait until after all parties have moved in and then, if there are irregularities, check myself how loud the communal noises penetrate/escape?
Thank you, Rosinanthe
after quietly reading and learning for two years, I am now turning to you with my own question. I have purchased a newly built condominium from the developer. Completion will be in August 2022. The building has three floors and a total of nine units. The construction performance description specified decibel values and standards that are to be met by the installed soundproofing. If I understand correctly, after acceptance and handover of the condominium by me, the burden of proof reverses if I suspect a defect somewhere. If I now suspect a defect during acceptance, would it be the developer’s responsibility to prove to me that it is not present? Specifically: at acceptance the building will be unoccupied and quiet. Compliance with the decibel values, due to lack of measuring equipment and noise, may not be verifiable by me at that moment. Can I blindly suspect a defect and force the developer to prove compliance with the construction performance description? Or will he likewise "blindly" assure me that the construction performance description applies and was complied with? Do I have to wait until after all parties have moved in and then, if there are irregularities, check myself how loud the communal noises penetrate/escape?
Thank you, Rosinanthe