necessary staircase

I would like to add the following to your contributions:

We did not sign the contract with the stair builder, but a company commissioned by the developer on behalf of the developer.

The specification was set up as a functional specification.
It states:
Deliver the staircase and install it professionally according to technical regulations, particularly to create load-bearing, safely walkable floor-/escape routes.
Single-flight, half-turned, freestanding mortised wooden stringer staircase according to drawing, 15 steps, approx. 18.67 / 26 cm, staircase width approx. 97 cm, install wooden stringer staircase between 2 walls, further specifications follow.
Unfortunately, we did not receive a drawing of the staircase, only the floor plans of the floors.

According to our understanding, this is clearly a necessary staircase because only this is approved as an escape route according to the NRW state building code.

The house was built through individual trades contracting.

The contract with the stair builder was not signed by us, but by a company commissioned by the developer on their behalf.

You should first clarify how you are building?
- Individual trades contracting (you tender the individual trades)
- General planner/general contractor (you buy a house with/without planning)
- Developer (you buy a house with land)

How else should anyone be able to give you advice?

We did not sign the contract with the stair builder, but rather a company commissioned by the developer on their behalf.

'Musketier' has already addressed this. So what is it now? Individual trade awarding or house construction via a developer/main contractor/general contractor?

.....Staircase according to drawing 15 steps, approx. 18.67 / 26 cm, stair width approx. 97 cm,

This is the first time you write that.

If you only provide information in portions _and_ if these contradict each other – how is any user supposed to help you?

Foolish regards

We built according to the Baudirekt principle, briefly explained: Contract for house construction with BAUDIREKT, BAUDIREKT awards the planning to a planner, the planner creates the tenders and then awards individual trades to the craftsmen. This also applies to the stair builder with the scope of services as described above.

The stair builder obviously overlooked during the measurement that a load-bearing wooden beam runs in the area of the stairs, which restricts the usable stair width to 60 cm. In addition, the clearance profile is limited.

In any case, we were not informed about this. Instead, the stair builder created a fait accompli and is now trying to exculpate himself by claiming the "unnecessary stairs" angle. The construction manager remains silent about it as well.

Contract for house construction with BAUDIREKT

Then I would say it depends on the contract whether it is a defect. If yes (defect), you request your contractual partner to remedy the defect (in writing, registered mail, do not forget to set a deadline). If he refuses (denies the defect), you have two options: A. You are sure it is a defect --> lawyer (specialist lawyer for construction law). B. You are not sure --> expert.

If no lounge is allowed up there, then no office either. Then it does not count as a floor and does not require a necessary staircase. A ladder is completely sufficient. It must be legally clarified beyond doubt whether this "usable space" is a lounge or not, regardless of the staircase issue. Only then can it be determined whether this staircase is permissible. Whether the staircase was delivered contractually correctly is a completely different matter. One is building law, the other is sales law (staircase delivery with installation is not contract for work law but sales law).