Execution guarantee documents only at the start of construction?

Help!

Go to a lawyer. Unbelievable.

What kind of contract do you have? The Broker and Developer Ordinance contains a payment schedule. This excludes payments before the start of earthworks. Be sure to wait with the payment of the second 30,000 euros! Clarify this beforehand! (If necessary, with a lawyer specialized in construction law, if necessary it may also work without, but more clarity must be brought to light). (Was the contract notarized?)

The contract is not notarized. It is a general contractor agreement of a regionally well-known solid construction company. This is regulated in the payment schedule with the installments. The plot of land is no issue, but it was thought that the guarantee would be provided Zug um Zug. The Building Code applies, not the VOB.

Then this payment plan is IMHO permissible (INAL), even if not necessarily advantageous for you (high advance payment).

Good morning,

The total amount of the BV is TEUR 360. The first two installments are TEUR 30 for the planning and TEUR 30 for the building permit.

I am confused that you are supposed to pay TEUR 30 for the planning already; I could understand that with some prefabricated house providers. However, with a "one-stop" service in solid construction, not at all. And honestly? Aside from the fact that I would be interested in the payment plan (how much did you pay with the shell closed?), I would not accept this payment plan as it stands.

It is quite common that payment is made according to construction progress; planning services are also included. The first installment "should" only be invoiced "can" when the building application is submitted to the responsible building authority. The guarantee (bank or insurance) must be submitted before the start of the civil engineering work.

No work done yet ....

That is not entirely correct, because part of the planning service has already been rendered. If the OP had gone to the architect—and later commissioned a BU with the actual construction, he would have had to pay a fee before even a little earth was moved ;)

Rhenish regards

It is quite common for payment to be made according to construction progress; this also includes planning services. The 1st installment "should" only "be able to" be invoiced once the building application has been submitted to the responsible building authority.

For example, like with us. After the building application for planning services, 5% of the construction sum, followed by another 5% (or was it 10?) after the foundation slab was completed. I think this would be normal and corresponds to the common values.