Is it sensible to have a building surveyor for condominiums from the developer?

  • Erstellt am 2018-10-06 20:25:22

NeuMünchner

2018-10-06 20:25:22
  • #1
Dear forum,

we have purchased an apartment in the Munich suburbs from the developer (in a residential complex with about 30 apartments). The shell construction was recently completed and currently the windows are being installed, soon the interior plastering will continue.

So far we are very satisfied with the developer and its project management (the developer also has a good reputation). Nevertheless, we are wondering whether we should commission a building surveyor to accompany the construction.

Since the condominium comes from the developer, we are currently not really allowed on the construction site. The actual handover and acceptance of the apartment will of course only take place at the very end of the construction phase (move-in planned for September 2019).

Our questions:

    [*]Is it even necessary to have the individual construction phases inspected by a building surveyor despite the developer? In order to be able to identify potential problems early or at all. Or is it sufficient to take an expert along for the final acceptance of the apartment?
    [*]Of course we would have to ask the developer whether we are allowed on the construction site at all with our expert. Has anyone in the forum already done this when buying a condominium?
    [*]Which building surveyors are recommended in the Munich area - TÜV, IHK, Verband Privater Bauherren, Google? (Information gladly by PM)

Thank you very much in advance for your help!
 

Bookstar

2018-10-06 20:53:58
  • #2
I wouldn't do that. It only causes unrest and you'll get yourselves into a lot of trouble. You can't exert any influence anyway.
 

Otus11

2018-10-06 21:51:43
  • #3
Much more important is the accompaniment of the acceptance of the communal property by an expert for the community of (prospective) owners.

That's where the really severe and significant potential defects lie...
 

NeuMünchner

2018-10-11 14:35:21
  • #4
Thank you for both of your answers. Then I will keep my feet still during the construction phase for now and only take the construction expert with me for the final apartment handover.



The acceptance of the common property is an interesting point. I am not at all sure when and how this acceptance actually takes place.

As far as I know, the first property management is still determined by the developer and this (property manager) then also organizes the first owners’ meeting. That would actually be the first time when all the owners get to know each other and have the opportunity to vote on commissioning an expert for the acceptance of the common property. But maybe the first owners’ meeting is way too late and the acceptance of the common property has already long since taken place. Hmm...
 

Otus11

2018-10-11 14:53:11
  • #5


Yep, that will then be the case.
The developer contract or the declaration of division usually contains something about this – but often ineffective, e.g., an irrevocable authorization of the first administrator or an expert (which one?). At most, an expert issues a recommendation for acceptance, but not the legal declaration itself.

The topic is legally a really tough nut to crack.
Google "acceptance of common property."

The Federal Court of Justice (BGH) says that the individual WEG owners (and not the WEG as an association) must declare acceptance. However, it becomes difficult with latecomers...
 

Sven1969

2019-08-05 16:12:52
  • #6
We have just accepted our construction from a Hamburg "Bauträger". If my wife had not been running around the construction site weekly, the construction in the special property would have completely gone to ruin: wrong tile backsplash, wrong fixtures, window outlets forgotten, and so on. We hired an expensive expert for the acceptance of the special property (he wrote the book on acceptance), and he was worth every euro. He sees things that a layperson does not see at all. For the acceptance of the community property, we hired the same expert for the WEG, with the same result. I would NEVER buy from a Bauträger again and NEVER accept without an expert. There is a professional (Bauträger) against laypeople (buyers).
 

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