Planning errors in garage drainage - are we really liable?

  • Erstellt am 2019-07-12 11:09:01

TeChrJu

2019-07-12 11:09:01
  • #1
Dear forum members,

My husband and I are currently building a single-family house in Lower Saxony with a property developer. The construction is well advanced, the move-in is imminent, and with it the installation of a prefabricated garage, which is not being handled by the developer. We purchased the garage as a prefabricated unit before submitting the building application. We forwarded the planning documents directly to the developer, more precisely to the developer's architect, so that the garage a) could be applied for and b) the planning would take the garage into account.

The problem: A downpipe runs "through" the garage and needs to be relocated. This error is not contained in the garage planning documents. The error slipped into the building notification. Neither we nor the architect from the general contractor noticed this. We have only just become aware of it.

The developer now believes that we signed the execution plans and therefore have to pay for relocating the drainage pipe. The error should have been noticed by us.

We see this differently, as this is a planning error on the part of the developer. We provided all documents before the building notification; however, the drainage was incorrectly constructed based on the correct documents.

Could you give us an assessment of whether we are correct in this view or if, in your opinion, the developer is right with the statement "You signed, so you are responsible/liability and not us." I understand that this is not legal advice; I am only looking for a small opinion. Otherwise, I have found little on the internet that fits our case...

Thank you and best regards
Tita
 

Musketier

2019-07-12 11:15:19
  • #2
Is it actually a property developer? So you are buying a house including the land?
 

cschiko

2019-07-12 11:23:02
  • #3
Which cost area are we talking about? Depending entirely on who is ultimately responsible (I think if it were settled in court, you wouldn’t be completely off the hook either), one should consider whether it is worth getting into a dispute over something like this already. I believe, but I don’t actually know for sure, that by approving the execution plans you are already involved in this. Even if you are a layperson, you are still involved and could have noticed it there. Therefore, I would rather try to find a compromise; starting a dispute over something like this can backfire. Or are the additional costs that high?
 

TeChrJu

2019-07-12 11:33:21
  • #4
Thank you all!
Maybe the right word is also "Generalunternehmer", so we bought a plot of land with a developer binding and thus got to the developer.
I can say little about the costs. I assume, not particularly high (500 €); but of course not 0 € either. As a builder, the costs do add up...
 

cschiko

2019-07-12 11:37:05
  • #5
I understand that, but what good does it do you to quarrel with the company already? I would rather take the approach of "admitting" that you could have seen it too and basically would have approved it that way. But of course the company has the experts who should have recognized it as well. So both share some of the blame and how to get out of this situation now!?
 

TeChrJu

2019-07-12 11:42:01
  • #6
Yes, that would also be fine for us, to share the costs or something similar. But the builder does not want to listen to any discussion at all.

We are "actually" satisfied with the company, they really did a great job and we get along very well with our construction supervisor.
 

Similar topics
23.03.2011Developer or architect?15
25.03.2012Land now - house construction next year23
03.08.2012Contract Supplement to the Construction Contract by the Developer36
14.01.2014Buy land let build dream house26
23.06.2014Developer charges heavily for replanning - justified?12
08.10.2014How do you search for a suitable property developer?30
21.04.2015Is a floor plan with a garage feasible on the property?29
13.06.2015New construction with developer / construction drawing documents23
15.08.2016Property - Building window - Location of house and garage44
20.12.2023Placement of house and garage on plot12
03.03.2017Garage too deep due to local design regulations13
10.02.2020Place house, garage / carport on the property93
05.03.2021Terraced house on a 240 sqm plot - fundamental questions / feasible?61
10.05.2019Is the planned construction of a garage on the property boundary allowed?18
06.01.2020House purchase, prefabricated house from the developer with land10
19.10.2020Street about 50cm above the property - backfill or basement24
20.10.2021Alignment of house and garage on the property18
13.01.2022Floor plan, KfW55EE semi-detached house 150m², 380m² plot, 2nd row17
29.06.2023Position of garage on property, specification in development plan22
26.03.2025Orientation of single-family house + garage on west-east plot with street on the west18

Oben