Misplanning / Mis-measurement - What are our options?

My house was also built somewhat crookedly. I have agreed with the [BU] on a corresponding reduction of the final invoice. The question is whether you have already completed the acceptance.

Acceptance is done. However, I have not yet paid the final installment. I only noticed this now when I staked out my paving.

No, it was not measured in... Do I now have claims for damages or is it my bad luck?

It's a gray area. You have to talk. You basically accepted it by not objecting at all.

No, this Brandenburg verification law does not exist elsewhere. In SH they finish building first, then commission surveyors for measurement for the land registry office. Karsten

Yes, no one expects that, otherwise I would have filed an objection. The fact is, however, that the shell builder mismeasured and the building development agreed upon in the construction documents, here 6m boundary distance, was not adhered to.

The Lower Saxony Building Code only formulates a discretionary provision regarding (qualified) staking out and surveying (i.e. the building authority can demand it). Brandenburg is therefore significantly stricter. So, tough luck for you that you noticed it so late.

If you have specified the correct measurement (which must also be stated in the building permit and the plans) and have no contractual obligation to check, then I do see a liability for damages. On the other hand, it is not the carport that is too small, but rather the house is in the wrong place (so to speak). I would be more worried about what the authority says about that.

Best regards

The office won’t care as long as the setback distances are still okay. The land registry will simply show the reality. No one will order a demolition.