Must developers indicate immense embankment height/costs?

Hello dear forum members,

we are currently building our house on the lower part of a slope, on an almost flat plot. In the garden area, there was also a certain slope, which is why we commissioned the developer to fill it in at a cost of about 3,000 EUR. What we did not know, however, is the specified building height of the house, which is above the original ground level, and as a result, our garden area had to be filled in again, creating a 2 m embankment on one side. The costs for securing this are between 20,000 - 30,000 EUR. If we had known this beforehand, we might have built the terrace with steps and terraced the garden. Our developer never informed us about this issue and the consequences it would have. This enormous embankment height is also not visible in the construction plan.

Do we have any legal recourse here?

Thank you in advance!

Sony

Well, you will have signed a contract (really a developer or general contractor?). There will also have been plans and height specifications for the contract. Of course, one can argue whether the company should have pointed that out to you again or not. After all, you must have known the plans. Without knowing more, I think you got what you ordered.

The question is, is it a property developer or a general contractor. Even if the answer doesn't matter.

With a property developer, you get what is in the contract, so the house, the plot of land, and everything else that is contractually regulated. If it’s not stated that the plot will be made ready for occupancy, then it won’t be.

With a general contractor, you purchased the plot beforehand. The situation with the land is not their concern. You only have a contract for the construction of the house. Nothing else matters to the general contractor. Why should it, it’s your land.

But honestly, you have such a slope on the site and didn’t think about the costs beforehand? I really don’t understand that.

...and I myself have a hillside plot with a 3m slope. Something like that is built with your own architect, who is very much aware of things like that and works for you.

Also in the construction plan this enormous slope height is not apparent either.

Sorry for the not very constructive and snippy remark, but if you haven't properly read or understood the plans from the building application and construction planning (as laymen we naturally have little knowledge of this), then that's somehow your own fault, right? Then you have to seek expert help, which we did as well, it just can’t be done any other way.

There must be a site and elevation plan from the surveyor and it should show elevations above sea level, right?! In the construction planning the finished floor or raw floor height is also given in elevations above sea level. A 2m difference could be noticed here and you have to ask yourself where and how the height difference is overcome?

Whether the 20-30,000€ is too much I can’t judge, in our case 1m has to be filled at the lowest point in the front property area (creating a gravel bed for the floor slab) and the cost estimate according to the general contractor currently amounts to 2,000-5,000€. Estimate based on a soil survey. Therefore, purely in terms of quantities and considering an additional reinforcement (because of too steep a slope angle?) 20,000€ could well be possible for you.

Sorry for the unconstructive and curt remark, but if you haven’t properly read or understood the plans from the building application and workshop planning (as laymen, we naturally have little knowledge about this), then it’s somehow your own fault, isn’t it? Then you just have to seek expert help, we did that too, there’s simply no other way.

There must be a site and elevation plan from the surveyor, and it should include heights above sea level (üNN), right?! In the workshop planning, the finished floor or raw floor height is also indicated in üNN. A 2m difference should be noticeable, and you have to ask yourself where and how the height difference is overcome?

I cannot judge whether the 20-30000€ is too much or not, at our property, 1m has to be filled in the front area at the lowest point (creating a gravel bed for the floor slab), and the cost estimate according to the general contractor currently ranges between 2000-5000€. The estimate is based on soil investigations. Therefore, purely quantity-wise and considering an additional reinforcement (due to too steep slope angle?), 20000€ could indeed be realistic for you.

Development plans always provide height information, so you don’t need a surveyor for the initial site assessment. In our construction project, the top priority was always the slope situation and the resulting costs. Priority 2 was the boundary design together with the neighbors. Because the neighbors significantly influence your costs (hopefully you did this too, otherwise it can get even more expensive). Priority 3 was the terrace design and then the rest like floor plans, building elevations, etc.

By the way, the costs are realistic (it’s not only about L-shaped stones here but, as I understand, about a 2m terrain elevation over the entire property), we’re above 30k€ for our slope and that doesn’t even include fences or similar. So don’t close your eyes and look for someone to blame, but look for solutions.

Yes, we have taken that into account, neighbors both similarly tall, garage to garage at the same height, etc., all that fits. Slope towards the street.

But what use is your answer to the OP now?