Is a construction drawing binding or may the construction company deviate?

Hello everyone,

so far I have been able to get many tips from the forum. Now I have an apparently unusual problem.

During the sales conversation, I was told that I could plan the floor plan freely, and subsequent changes would also be possible.

So I planned and sat down with the builder for a long time to find a solution. So far so good ... The company started building without me ever having received a construction drawing. When we met on the construction site, at first glance a wall and 2 doors, a window were not as discussed.
We changed this verbally ...
Now, after everything is standing, I received the construction drawing with the request to sign it and send it back as soon as possible.
However, here one door is still incorrectly drawn and one window not at all (and also not there).

In today's phone call, the builder said that nothing could be changed anymore.

Now my question ... is it allowed to just build without me having signed the construction drawing? Or do I have to accept the construction as it is now?

Thank you in advance for any tips

Hello,

I was told during the sales talk that I could freely plan the floor plan, and subsequent changes would also be possible. So I planned and sat down with the builder for a long time to find a solution.

You probably mean you sat down with the contractor/seller/architect for a long time?

So far so good... The company started building without me ever having received a construction drawing.

There must have been a building permit, of course...

When we met at the construction site, at first glance a wall and 2 doors, a window were not as discussed. We changed this verbally... Now, after everything is standing, I received the construction drawing with the request to return it signed at short notice. However, one door is still drawn incorrectly and a window not at all (and also is not there).

During today's phone call, the builder said that nothing can be changed now. Now my question... is it allowed to simply build without me having signed the construction drawing? Or do I have to accept the construction as it is now?

That is a tricky question....

First of all – why did you let the contractor (BU) start building without plans approved by you? And why did you still only make verbal agreements? Contract comes from "vertragen" (to agree) – it makes no sense to act against this and make verbal side agreements.

I do not know your contracts, but I think there is only one solution: you will have to come to an agreement with your contractor, since you never raised written objections at any time – somewhere in the fine print of your contract there is certainly a clause like: "verbal agreements require written form," right? Accordingly, you will have to accept a considerable share of the blame. "Now, after everything is standing" probably means the shell construction – then the question arises whether the door opening can still be changed, whether the window manufacturer has already been commissioned to produce the windows, and whether an extension of the window order volume by your contractor is even possible.

On your side, it speaks in your favor that the contractor is also at fault, as he was/ is necessarily dependent on the floor plans signed by you. I would therefore suggest you demand in writing that your contractor halt construction until the open issues are clarified. Meanwhile, seek a personal conversation with him and see what is possible and what is not. If this conversation does not lead to the desired result or you feel overwhelmed by it, you should involve an external expert (there are affordable ones, e.g. at TÜV) in the discussion.

Kind regards

Thank you for the detailed answer

You surely mean you sat together for a long time with the builder/seller/architect?

Seller and builder in one, yes ...

There must have been a building permit...

Of course ...

why did you let the builder (BU) start building without plans approved by you?

I asked several times when I would get the plans. That evening we sketched something and the BU wanted to have it drawn in. Unfortunately, nothing ever came ...

Of course, everything should be recorded in writing ... but usually one (me) is so "naive" and trusts the business partner.

It speaks for you that the BU also is at fault since he necessarily depended on the floor plans signed by you.

That is exactly my question ... he MUST have the building plans finally approved by me ... (in my understanding, they are part of the contract). If he builds beforehand, that is his risk.

Yes, of course I seek to talk to him and try to come to an agreement. Being heavy-handed doesn’t help anyone. As a building novice (who builds all the time anyway...?) it is good to know what one is entitled to.

The tip with the expert from the TÜV is a good one ... Thanks, I will fall back on that if necessary ...

Hello,

didn't you receive the building application (with drawing) for counter-signing?
It was like that for me, that the one I signed then went to the building authority.