bellamuc
2017-12-08 13:29:00
- #1
Hello to the forum,
I have a question for builders or planners who have experience with rejected funding from the 10,000-Houses program.
I received a rejection due to exceeding the submission deadline for the documents.
I understand that the government of Bavaria does not care whether it was my fault or not, but maybe someone has a tip for me, because after all, it's about €28,000.
Facts:
In August 2016, I correctly commissioned a planning office to build turnkey AFTER applying for the funding. The first task should have been to clearly represent the 2 residential units using a technical drawing, since the KfW did not fund the holiday apartment in the building. This was supposed to be shown as a permanently rented apartment in the drawing, and the floor plans were to be revised. Instead, the planning office started the construction with earthworks and the foundation slab via a shell builder (subcontractor). At first, I was not aware of this and waited for an architect the planning office was supposed to provide to me for the final floor plan development. This did not happen. Apparently, the planning office had a particular architect in mind, who did not find the time. Even after setting a deadline, nothing happened, so that (unnoticed) the KfW numbers expired, which the energy consultant had obtained in May 2016. I noticed that the (about 150 km away) construction had already started (foundation slab, basement walls...) and tried to locate and stop the shell builder or ask on what planning basis he was building. It turned out that he had the submission planning (which was still supposed to be changed regarding floor plans) but did not have the plans from the energy consultant regarding the implementation of KfW/10,000-Houses compliance. I stopped the construction, the start of which I had never approved.
Now the dispute with the planning office began. The one-man company suddenly wanted money although this was only agreed upon after completion of acceptance-ready trades. The 10,000-Houses program required the KfW confirmation from me. The KfW waited for the bank application. The bank waited for the approved drawing. The planning office did not deliver the drawing. Since I was involved in a construction contract, a deadline for fulfillment had to be set. It was agreed that work would continue and that first the drawing, i.e., the final plans, would be created. From this point on, the planning office disappeared. They were hard to reach. My nerves were at the end; I already involved a mediator who received no constructive response or action on any deadline. It turned out that the basement was already incorrectly insulated or did not meet the requirements of the energy consultant, who, with an individual thermal bridge calculation, barely brought the house under the target (KfW40+ despite purely monolithic construction). Now the planning office also had to be asked to make improvements here. However, they stated that everything had been created properly although anyone can measure the thickness of the perimeter insulation with a tape measure and also read the labels regarding thermal conductivity.
I no longer waited for any progress but ordered at my own expense, on the one hand, a company to improve the insulation in order to benefit from the funding, and on the other hand, an architect to finalize the floor plan design and submit the drawing. This week, after 8 months, 4 months after submission, I now have the approval of the drawing in my hands. Unfortunately, the government of Bavaria, the 10,000-Houses program, lost patience just 2 weeks ago and sent me the rejection notice for the funding application. All requirements are now met, and the house is being implemented in a complex manner as applied for – most of the material is also already on the construction site (the incredibly expensive monolithic stones, the photovoltaic material, the immensely large photovoltaic storage).
What options do I now have to still get into the funding program (10,000-Houses)? Application for reinstatement? I cannot apply anew since construction has already started. Is the legal remedy of a lawsuit promising? Who can give me constructive advice?
Thank you!
I have a question for builders or planners who have experience with rejected funding from the 10,000-Houses program.
I received a rejection due to exceeding the submission deadline for the documents.
I understand that the government of Bavaria does not care whether it was my fault or not, but maybe someone has a tip for me, because after all, it's about €28,000.
Facts:
In August 2016, I correctly commissioned a planning office to build turnkey AFTER applying for the funding. The first task should have been to clearly represent the 2 residential units using a technical drawing, since the KfW did not fund the holiday apartment in the building. This was supposed to be shown as a permanently rented apartment in the drawing, and the floor plans were to be revised. Instead, the planning office started the construction with earthworks and the foundation slab via a shell builder (subcontractor). At first, I was not aware of this and waited for an architect the planning office was supposed to provide to me for the final floor plan development. This did not happen. Apparently, the planning office had a particular architect in mind, who did not find the time. Even after setting a deadline, nothing happened, so that (unnoticed) the KfW numbers expired, which the energy consultant had obtained in May 2016. I noticed that the (about 150 km away) construction had already started (foundation slab, basement walls...) and tried to locate and stop the shell builder or ask on what planning basis he was building. It turned out that he had the submission planning (which was still supposed to be changed regarding floor plans) but did not have the plans from the energy consultant regarding the implementation of KfW/10,000-Houses compliance. I stopped the construction, the start of which I had never approved.
Now the dispute with the planning office began. The one-man company suddenly wanted money although this was only agreed upon after completion of acceptance-ready trades. The 10,000-Houses program required the KfW confirmation from me. The KfW waited for the bank application. The bank waited for the approved drawing. The planning office did not deliver the drawing. Since I was involved in a construction contract, a deadline for fulfillment had to be set. It was agreed that work would continue and that first the drawing, i.e., the final plans, would be created. From this point on, the planning office disappeared. They were hard to reach. My nerves were at the end; I already involved a mediator who received no constructive response or action on any deadline. It turned out that the basement was already incorrectly insulated or did not meet the requirements of the energy consultant, who, with an individual thermal bridge calculation, barely brought the house under the target (KfW40+ despite purely monolithic construction). Now the planning office also had to be asked to make improvements here. However, they stated that everything had been created properly although anyone can measure the thickness of the perimeter insulation with a tape measure and also read the labels regarding thermal conductivity.
I no longer waited for any progress but ordered at my own expense, on the one hand, a company to improve the insulation in order to benefit from the funding, and on the other hand, an architect to finalize the floor plan design and submit the drawing. This week, after 8 months, 4 months after submission, I now have the approval of the drawing in my hands. Unfortunately, the government of Bavaria, the 10,000-Houses program, lost patience just 2 weeks ago and sent me the rejection notice for the funding application. All requirements are now met, and the house is being implemented in a complex manner as applied for – most of the material is also already on the construction site (the incredibly expensive monolithic stones, the photovoltaic material, the immensely large photovoltaic storage).
What options do I now have to still get into the funding program (10,000-Houses)? Application for reinstatement? I cannot apply anew since construction has already started. Is the legal remedy of a lawsuit promising? Who can give me constructive advice?
Thank you!