Inspection before completion (no stairs and exterior work)

Hi everyone,

I have been following along for months and now I am opening a topic myself because I simply don’t know what to do anymore.

I sold my apartment on 01.11.2021 and am currently having a single-family house built through a developer in BW. The move-in date was verbally agreed to be 01.11.2021, but the contract states 7 months after the start of construction (which was in February). We actually got along well at first, but month by month everything became more suspicious.
Anyway, the stairs (I had to look for the stair manufacturer myself because the developer only informed us after signing the contract that he does not have a wooden stair partner) will only be installed at the end of November.
What is still missing today:
- no stairs, only a construction stair
- on the outside there is no facade, only insulation (according to the contract this can only be done after the promised 7 months of construction time)
- you can still see all the work from the fiber optic or geothermal drilling as the deep holes have not yet been filled back in with soil/humus
- sliding door will only come at the end of December
- electrical additional price list on the cost calculation that I receive from the developer by PDF is not correct, as it has not been updated since July
- no light well (according to the contract this can only be done after the promised 7 months of construction time)
- no rainwater downpipes (I assume as long as the exterior facade is not on, there will be no rainwater downpipes either)
- garage and all exterior work are missing (according to the contract this can only be done after the promised 7 months of construction time)

Inside it is still chaotic but by the end of the week electricity, heating and the bathroom are supposed to work (floor + painting work are also finished).
My question:
I have to move in on 01.11 because I have no other option except a hotel. But since there is only a construction stair until the real stairs come and as described above several works have not yet been completed, I read online that it is a high risk to accept handover. However, the following sentence gives me hope:
'' No implied acceptance exists if the client explicitly refuses acceptance before the handover despite moving in and using the building and informs the construction company that despite the move-in there is no formal acceptance.''
So can I move in but refuse acceptance?

I am afraid that if I move in, the developer will slow down even more and simply stop making an effort….. So I am in a dilemma because I actually have to move in….
Since I had to choose the stairs myself, the developer shifts the blame onto me and thus does not pay a penalty of €40 per day for the delay, even though 7 months have actually already passed, but verbally 01.11 was agreed….

Many thanks in advance for the answers!

Since I had to choose the stairs myself, the developer is blaming me

We seem to be missing information? The argument is not understandable as it stands.

I have to move in on 01.11 because I have no other option than a hotel.

So can I move in but refuse acceptance?

Whoever moves in implicitly accepts. But to get to the principle: Of course, it is really unfortunate that the house is not finished yet. However, this situation is common. You are not the only one and not in an extraordinary situation where the apartment or previous house must be terminated or vacated, and the future house is not yet ready or habitable. There are plenty of options: for example, a holiday apartment and parallel storage of the furniture. Every second builder I know does it that way. So do I.

Holiday apartment as a temporary solution,
ask if you could stay longer in the old apartment,
offer compensation for this.
Don’t drive yourselves crazy

Before signing the contract, it was verbally agreed that I wanted a wooden staircase, but the developer had offered a steel staircase in the purchase contract. The developer then said it was no problem to arrange a wooden staircase. However, after signing the purchase contract, it turned out to be a problem, because a few months later I was told to take care of the staircase myself. According to the developer, I am to blame for the fact that they cannot be finished, since I did not want his staircase. The problem was, however, that the screed was installed much too late due to the long window deliveries, so the staircase builder was only able to take measurements two months ago, and that is not my fault. Who is right here?

Moving into a holiday home is not an option because I have 3 pets. My wife and child have already moved to her mother’s, which is totally okay for me. But with my cat and two dogs, that is not an option.
So what speaks against moving in and at the same time refusing to accept the handover and record this in the protocol? Or is this not legally possible due to the missing staircase (fire protection....)? The moving company is already booked for the upcoming Saturday.

was was verbal

Verbal is nothing.

It is not an option to move into a holiday home because I have 3 pets.

Well then… it is up to you to explore your options.

So what speaks against moving in and at the same time refusing handover and recording this in the protocol?

See above. I wrote that in #2!

Apart from the disadvantageous legal aspects - I doubt that moving to a construction site is really better for your animals. With dogs, depending on their character, it might work, but I have heard from cat owners about really big problems when moving into a quiet, finished (but unfamiliar to the cat) house. So the move itself will also be stressful. I would recommend that you carefully reconsider whether a holiday apartment or something similar is really that much worse. At least it is quiet and clean there - and reliably lockable. There are also animal-friendly providers. Another option: a cat boarding facility!