Exceeding the building window

  • Erstellt am 2015-03-08 18:17:55

Messjogi

2015-03-08 18:17:55
  • #1
Hello everyone,
we have purchased a plot of land along with a house that is still being built through a developer. The notarial matters are completed. There is a fixed price for the land and house. Now an invoice has come from the developer, the city has sent a fee notice, exemption for exceeding the floor area, exemption for roof overhangs, exemption for ventilation shafts and canopies, exception for access.
I assume there were problems with the building permit and the aforementioned exemptions are approvals due to exceeding the building envelope.
Do I have to bear the costs if the architect does not adhere to the rules?
 

nordanney

2015-03-08 19:43:54
  • #2
If you have bought the house through a developer at a FIXED PRICE, then you have definitely received a payment plan (according to the Real Estate Agent and Developer Ordinance) and there is also a contract text. Does it say anything there about the costs from the city?
 

Messjogi

2015-03-08 20:06:20
  • #3
I have found nothing that we still have to pay fees for the building application or permits for exceedances.
 

Voki1

2015-03-08 20:44:49
  • #4
Why should it be any different? Your contract states what is included in the price. The question is how the contract deals with the fact that exemptions and exceptions must exist. Also not mentioned is whether the planning made the necessity of exemptions due to your proposals/wishes necessary.

If this is not the case, you may assume that these official costs for the creation of the object were necessary and are therefore likely included in the purchase price.

But again, no one can tell you without knowledge of the contractual components.
 

Messjogi

2015-03-08 20:51:16
  • #5
can the notary help me without immediately charging fees. He can also read the contract properly.
 

Voki1

2015-03-08 20:53:37
  • #6
As a rule, he should be able to say something here without charge. Usually, they are not too fussy about it either, since the remuneration for notarizing the purchase contract is not insignificant.

If that does not work, then the opinion of a lawyer specializing in construction law might be quite helpful. He will then also explain to you further "problem areas" in the concluded contract.
 

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