From when is a house ready to move in?

  • Erstellt am 2015-07-23 22:41:14

eric2610

2015-07-23 22:41:14
  • #1
Hello, we are currently in a pretty tricky situation.

We had a house built through a developer. The house and the land were supposed to become our property after the final payment.

Now to the complicated part. Contractually, a production period of 28 weeks after the purchase price was due was agreed upon in the contract. The developer informed us of an (early completion date) at the end of May. We then terminated our old apartment for the end of June and wanted to move at the end of June. However, it turned out that the date could not really be met. As of June 26th, we had a handover appointment where water, electricity, telephone, and part of the external insulation at a basement window were not yet completed. This was also recorded in the protocol. Since we had to leave the old apartment 3 days later, we were already allowed to move the furniture into the house at that appointment and moved in with my mother-in-law. Electricity and water were then connected a week later.
Now, however, the big problem. One day after the provisional acceptance, there was heavy rain, and as a result, water entered the basement at the still unfinished spot of the basement insulation and spread under the screed throughout the entire basement. This has been dried with vacuum pumps for nearly 4 weeks now. The basement insulation is now also finished, and light wells and light courts are also installed at the windows.

Now the first question: Can a new building be considered ready to move into when room temperatures of over 30 degrees and an incredible noise disturbance from the equipment prevail due to the drying? Or should we now, after being over the contractually regulated maximum duration of the construction project by almost 3 weeks, demand the contractual penalty from the developer?

On the other hand, we had another acceptance 10 days ago and received the key. It was agreed at this acceptance that the developer has until July 24th to fix further defects. Despite several inquiries, of course, nothing has happened. Can I then hire my own craftsmen starting tomorrow and bill the company for it?
 

Hausqualle

2015-07-24 11:04:35
  • #2
.. NO!!! ...
 

Bauexperte

2015-07-24 11:05:51
  • #3
Hello,


With all due understanding that there is a right to have contracts and deadlines adhered to, building a house is not an undertaking that can be calculated down to the last detail!


Even if everything had gone smoothly, I consider the period from the reported completion to your termination of the old apartment to be quite tight.


Aside from the external insulation and light well work – was the delay of the connections caused by the developer or rather by the public utilities?


The fact that your household budget is empty does not justify threatening contractual penalties at - apparently - the first sign of resistance; which, in my opinion, are not enforceable here. Every developer has the right to make corrections!


No. You can only set a grace period after the end of today; in writing! If there are no serious defects, with danger to limb and life, the period must be reasonable; that is, rather three weeks than one. Now I am not entirely sure – I’m not a lawyer – whether another shorter grace period must be set afterward; but the lawyers here will answer that.

Only when all deadlines have expired can you commission your own craftsmen.

You did not report any problems during the construction project; so I assume that everything was okay until now. Keep at it – write instead of calling – and try to seek conversation. This approach is always better than threatening with the big stick. With full understanding that building a house is not the easiest thing for a layperson’s nerves.

Rhenish greetings
 

Bauexperte

2015-07-24 11:10:42
  • #4

Occupation: Animal caretaker?
Rhineland greetings
 

Hausqualle

2015-07-24 11:12:06
  • #5
.. you hit the nail on the head
 

Hausqualle

2015-07-24 11:13:25
  • #6
.. is that for you a profession with negative associations
 

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