Transfer of ownership despite unfinished house

Hello community,

we are facing a big question mark and hope to get some advice from you...

We have received an appointment for the handover of the property on 17.12. According to the contract, the handover is at move-in readiness, at the latest by 30.12.10. However, we know that the house will definitely not be finished by this date. Among other things, there is no electricity or water connection (upon inquiry due to bad weather in the last 3 weeks). We are aware that we can refuse the handover since it is not move-in ready. However, some questions have arisen for us if we should accept it anyway:

1. Insurance: Who is liable if a craftsman or a third party is injured on our property because it was not properly secured or if damage occurs to the house?

2. Remaining work: Are we then the ones who have to pressure the local suppliers and craftsmen to complete the remaining work?

3. If a list of defects with a deadline for completion is recorded at the handover, is the house still considered handed over? Could we then enter the house or is the handover postponed until the next appointment?

We have been told that the handover is made so that we can already actively work in the house, e.g. wallpapering, painting, etc. But the fear that the construction company might then withdraw from responsibility is quite big. On the other hand, it would be convenient for us time-wise if we could already start in the house. We hope you have some suggestions on our questions. We are very grateful to you.

Thank you very much,
Regards gundi

Hello Gundi,

We have an appointment for the handover of the property from the general contractor on 17.12. According to the contract, the handover takes place when the property is ready for occupancy, the latest date being 30.12.10. However, we know that the house will definitely not be finished by that date. Among other things, no electricity and water connection (upon inquiry due to the bad weather in the past 3 weeks).

Normally, the builder is responsible for the public connections themselves; at least your site manager should have told you when to apply for them? Who is responsible for the delay – you have known it was going to get colder for more than just 3 weeks, right?

We understand that we can refuse the handover since it is obviously not ready for occupancy…

That is basically not correct; you cannot refuse a partial acceptance, which this undoubtedly is, without a good reason.

Who is liable if a craftsman or a third party gets injured on our property because it was not properly secured or if damage occurs to the house?

Provided that a fire, construction, and builder’s liability insurance has been taken out, all eventualities should be covered.

Are we then the ones who have to put pressure on the local suppliers and craftsmen to get the remaining work done?

How have you managed so far with your general contractor? From answering this question you can easily answer point 2 yourself.

If a list of defects with a deadline for completion is recorded during the handover, is the house still considered handed over? Could we then go into the house or is the handover then postponed until the next appointment?

It is only a partial handover. BUT – if there are still defects to be fixed within this partial handover, it makes more sense not to start working with the electricians inside the house => who is to blame for what => warranty …

Who will do the acceptance?

Kind regards