The developer wants to omit windows for structural reasons

Hello,

we have purchased an apartment in a 9-unit building that is currently under construction. Our developer surprised us greatly with the latest floor plan he sent us. Suddenly, a window was missing in the living room. Upon inquiry, we were told that it was omitted for structural reasons. Furthermore, in the same room (living/dining area), another window (facing the garden) will no longer be floor-to-ceiling but built with a 100mm sill height, also for structural reasons. The apartment is on the ground floor. The missing window is shown on the floor plan attached to the notary contract! However, the sill height for the windows is not marked.

In an email to our developer regarding our concerns:
- that we want the window
- or some form of concession

we were completely ignored in these matters.

The notary contract does state: "Deviations are permissible if they are legally required due to official requirements or if they prove to be technically and/or economically necessary and reasonable for the buyer."

What can be done now?
Does the developer have to prove the structural necessity to us?
Or disclose it?

Is the omission of a window reasonable?
In my opinion, it significantly reduces the value and the "home" character.

Besides that, we have many other grievances with our developer.

We would be very grateful for helpful tips, information, and advice!

I can understand your frustration well. But this forum will only be able to help you to a limited extent. I would consult a specialized lawyer.

Good luck.

Would you have bought the apartment without the window as well? I find it unreasonable if a window is missing - that's simply not acceptable! And I don't believe that the statics suddenly specify a parapet height. It's problematic that you don't have a section or parapet height.

Off to the lawyer.

P.S. I would always report defects by mail as well.