Ground support

What does your contract say now - L-blocks or not? You first write that it is in the construction service description and then that it was discussed orally. If it was only discussed orally, then you are probably out of luck.

It is stated in the construction performance description and we have talked about it that it will be done that way. The problem is only that they now want to slope off and basically pile up on our property to such an extent that the gradient is 30°. Of course, they save costs this way and we have a slope that we cannot use.

I think the slope is measured from the upper edge of the property boundary to the upper edge of the floor slab? A floor slab is always exposed, isn't it, or is there still some filling added?

I am surprised that such an individual occurrence is mentioned in a [Bauleistungsbeschreibung]?!

I think a construction performance description for the outdoor area is not unusual, or is it? Here it is at least part of the [Notarvertrag].

Exact wording: Terrain gradients under 30 degrees slope are eliminated. ... Steeper embankments or terrain to be retained receive a support with exposed concrete angle stones, color gray including foundation.

Hello,

We have also discussed this verbally with the site management.
I now wanted to have this confirmed in writing, and now it says:
Quote
according to our contract, we do not owe you a retaining wall along the northern property boundary. The slope can be seen on the site plan and the formation of this is possible with an inclination of 30°.
If you still want a retaining wall and a level garden, we can provide you with an offer for this additional service

End Quote

[...]

I think a scope of work description for the exterior area is not unusual, or is it?
At least here it is part of the notarized contract.

Exact wording:
Terrain graduations with a slope under 30 degrees are obliterated.
...
Steeper slopes or terrain to be held back receive a support with exposed concrete angle stones, gray color including foundation

That is the problem with verbal agreements!

I am not allowed to provide legal advice here – in Germany this is exclusively reserved for consulting professions – and therefore I have to be careful what I write. However – as far as I understand the wording – and the possibility exists to keep <30°, you are the last one, because you will not step directly from the side door onto the slope... figuratively speaking.

You are buying a house including the plot from a single source, which is why the usual declarations are also in the notary contract. You can either try to achieve a different solution through a lawyer you trust, purchase the services for the L-walls under reservation and then have your lawyer find a post-contractual solution, or bite the bullet directly and accept the additional offer.

This case is extremely borderline and I do not know any comparable ruling off the top of my head. Therefore, I assume that only an amicable solution will be productive. Everything else will, in my opinion, only cost you more money and in the end will turn out like the Hornberger Shooting – with the small but fine difference that your lawyer will be the only one happy. In case of a settlement, he gets to bill twice according to BRAGO.

Rhenish regards