Warranty according to the Building Code will expire soon. Is the defect report correct?

  • Erstellt am 2019-10-03 11:41:17

fraubauer

2019-10-03 11:41:17
  • #1
Good day. I would be interested in the following. In our multi-family house (newly built 4.5 years ago, turnkey from the developer), the statutory warranty expires in 6 months. I am an owner and live there myself. There are 3 other owners. We also have a small property management company. We bought turnkey from the developer at that time. The acceptance took place upon moving in. Now, over time, some defects (at least to us) have appeared. For example, some cracks in the masonry. Whether these cracks constitute a defect can probably only be determined by the developer or an expert. My question is now: Is the following procedure correct? The property management company reports the defects in the common property that we have identified to the developer in writing 6 months before the end of the warranty. I report the defects in my separate property directly to the developer. The developer will then probably inspect the defects on site – with or without their own expert. That is up to them. The developer will then inform the owner or the property management company in writing whether defects exist or not. Only then could the property management company commission its own expert if we do not agree with the developer’s opinion or have a different opinion. If the expert then disagrees with the developer, the property management company would report this to the developer. Or must a separate expert already be commissioned by the property management company at the time of the developer’s defect inspection? (I understand that this is safer. But why incur unnecessary costs if this may not be necessary or only required in a second step after the developer’s statement.) Thank you
 

HilfeHilfe

2019-10-04 06:17:02
  • #2
Your HV knows the procedure. Settlement or stress cracks are usually excluded within certain limits.
 

fraubauer

2019-10-04 09:14:18
  • #3


Thank you for the information. But exactly the procedure "turn to the general meeting" is what I would like to hear from a third person. That way I can see if the general meeting (it is a very small one, which always needs to be monitored...) is handling things correctly. I am particularly interested in whether I (as the owner) already need to bring my own expert to inspect the alleged defects. Or whether we should first jointly review the reported defects (at least from our point of view) together with the general meeting and the managing agent, and wait for the managing agent's statement. Only then an own expert, who would then basically check the managing agent’s statement. Is there no "usual" procedure? Thank you very much
 

HilfeHilfe

2019-10-05 06:29:01
  • #4
Why you? It is a common property damage after all
 

ypg

2019-10-05 08:15:01
  • #5
Immediately... immediately after damage is detected, it must be reported to the BT!
For this purpose, a notice of defects, in writing with a reasonable deadline.
 

fraubauer

2019-10-06 17:16:40
  • #6


Yes, but do I have to have this "defect" determined by an expert/surveyor?
Or should I first report this "defect" in writing with a deadline via the general meeting (because it concerns common property) without an expert report. That is the main problem!
 

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