The topic is apparently very controversial and the discussion shows me that the legal situation here does not seem to be black or white either.
As mentioned, we were not informed in advance that costs would be incurred. However, it was also not said that the further procedure would be free of charge. Nothing was said about it at all. Maybe it was naive of us to accept it that way – could be.
Our requested change to the building description was not about something like tiles or the roof pitch. It was about the fact that the building description did not even match our inquiry. We want to build a KFW 55 house and the building description says "... will be constructed according to the currently valid Energy Saving Ordinance." That simply does not fit. Therefore, we wished for an adjustment of the offer to what we inquired about. Otherwise, we would only get what is stated in the building description.
But honestly. Traffic light labels are to be printed on food packaging because consumers seemingly are not able to read an ingredient list or the nutritional information. The current TKG amendment provides that consumers must be given a one-page contract summary before concluding a contract because they apparently are not capable of reading a contract for an internet product.
But if a builder later remembers that his service actually did cost something, then is it okay to charge this afterwards without any announcement? In the worst case maybe several thousand euros? Most people only build once in their life and never deal with the topic again. And one is supposed to be so well versed in the law that one should be aware of this? The entrepreneur’s obligation to give a short notice to the interested parties would already be sufficient. "Please note that the requested service will be charged to you with xxx EUR." Period. End. Nothing more would be necessary. It’s a pity that private individuals are treated as less important here.
But well, you see, this topic annoys us! Let’s see how it goes.