Slope not shown on the site plan / who is responsible for the stabilization?

In the site plan presented to us by the developer at the time of purchase, various embankments are indicated, but the rear property boundary is drawn completely flat. The embankments have all been constructed as shown on the plan (although partly somewhat higher), but at the end of the property, we now suddenly have an embankment over 11m wide with a height between 1.2m and 2m. Our impression is that not enough soil was removed because our property now slopes upwards to the rear before dropping steeply. This was not the case before the construction work began. However, the soil from the entire construction area was stored on our property. Now the question: this slope was not included in the plans that are part of the purchase contract and is so high and steep that we will certainly have to secure it with stones, etc., so that all the soil does not end up on the neighbor’s driveway during heavy rain. Can we somehow hold the developer responsible for this? Thank you!

In my layman's opinion, yes. You must demand a correction (in writing with a deadline). What does the builder say about that? Otherwise, it will probably only continue with the help of a lawyer specialized in construction law. Besides the notary contracts, what other written agreements do you have regarding the exterior design?

Hello mouseonmars,

in the building permit, heights of the construction site in the original condition can be found – at least they should be. Then, depending on local regulations and/or stipulations in the development plan, there may be height requirements regarding the level at which construction is allowed, how high embankments may be raised, etc. pp.

You should find out about this; important here are the development plan and the site plan for the building permit as well as the final building inspection, if it has already taken place.

Basically also for your information: if your plot has been uniformly filled to a consistent level and this complies with the development plan and building permit, that is initially allowed. What many do not know: locally limited embankments/excavations are legally considered independent structural elements and may - if not already covered by the building permit - individually require approval.

In plain language, this means that these embankments you consider excessive (or too little excavation, which ultimately amounts to the same) must not only be secured against slipping, but you may even need an amendment to the building permit or even encumbrances from the neighbor. But please do not panic immediately at this point; if that is the case, you can use these additional costs or extra effort as an argument in discussions with the developer to have your plot brought into the desired/planned condition instead.

However, you should first roughly clarify whether the volumes that were overbuilt or insufficiently excavated are actually significantly in contradiction to the building permit and/or development plan.

I can gladly explain detailed questions to you via direct message, but for that I need to know the approval planning.

Best regards Dirk Grafe