In the second part, our fictional couple Sarah and Tom meet the challenge of site preparation, building acceptance and reporting defects.
the essentials in brief
Preparing the construction site, including tree felling, is the responsibility of the client. Depending on the tree protection statutes of the municipality, a permit is also required for the felling of a tree.
Consult a building surveyor throughout the construction phase to identify any construction defects early and take appropriate action.
Prepare comprehensively for the legally significant building inspection, do not pay bills in advance and do not allow yourself to be involved in partial inspections.
Part II: From site preparation to building acceptance: home building challenges
Our couple Sarah and Tom took the first hurdles of the building application, the house and construction company selection not without stumbling. But they are now optimistic and full of anticipation for the long-awaited start of construction.
The construction site equipment
Good construction site equipment ensures occupational safety and environmental protection as well as optimal work processes. The effort required depends on the type and size of the house construction project as well as the soil and weather conditions. Work steps of the construction site equipment are e.g. e.g.:
measurements
Preparation of the building ground
Buildings for construction (residence of workers, tool storage, etc.)
Supply and disposal: water, electricity
Site security (fences, signs, etc.)
driveways
construction site equipment costs
Neither too much nor too little effort is appropriate. Too little effort could become expensive due to accidents or construction delays. But too much effort is also unnecessary. After all, the construction site equipment accounts for 5-10% of the total costs of the house construction project.
Builders are responsible
Sarah and Tom must note that they themselves are responsible for setting up the construction site in accordance with the construction site ordinance. If this responsibility is delegated, they are responsible for choosing a suitable third party.
Read more about this and all aspects of construction site equipment here.
Most of the time, trees cannot simply be felled
There is also a ten meter high birch on the couple’s property, which is to be felled as part of the construction site set-up. What do Sarah and Tom have to consider?
Except for fruit trees, a permit (according to the tree protection statutes of the municipalities) must be applied for for tree felling. This can also be rejected for old and large trees.
Sarah and Tom may have to submit a site plan with the trees marked to the office. Depending on the individual regulations of the communities, replacement or new plantings are often ordered.
Penalties for unauthorized tree felling
A tree felling should definitely take place in accordance with the regulations, since unauthorized removal of protected trees can be punished with a fine of up to €100,000. Particular caution also applies to border trees, since the neighbors have a right of co-decision here.
construction defects
A few months have now passed and the building acceptance is fast approaching. Sarah and Tom take a closer look at the house on a free afternoon. Various construction defects catch their eye:
Cracks in the exterior plaster
leaky windows
Blistering in the floor and other small and large defects
Sarah and Tom want to ask the construction company to remedy the defect. Do they have to wait until construction is finished? In general, Sarah and Tom should document defects well and address them as early as possible in order to avoid major consequential damage, among other things.
The acceptance test is a legally decisive moment
The building acceptance represents a legally decisive point in time, because with the acceptance of the house, the couple recognizes the services of the construction company as essentially in accordance with the contract.
In addition: The burden of proof for the defect-free provision of services lies with the contractor up to acceptance, and with the client after acceptance.
What many do not know: Paying the company is also considered a building inspection. Sarah and Tom should therefore neither pay early nor agree to partial acceptance.
Refusal of acceptance only in the case of serious defects
Only in the case of serious defects, e.g. B. a missing floor covering or a defective heating, the client may refuse acceptance.
Procedure in the event of defects
What exactly should Sarah and Tom do now? First, a so-called notice of defects can be made. The couple draws attention to the construction defects in writing (it is not necessary to justify why they occurred) and asks the contractor to rectify the defects within a reasonable period of time.
By specifying a specific date, the entrepreneur can be effectively placed in default later. The client can also make use of the right of retention and withhold part of the payment until the defects have been repaired.
refusal if unreasonable
If the effort and benefit are disproportionate, if it is unreasonable or impossible to rectify the error, the contractor may refuse to rectify the problem. However, the customer is then entitled to a reduction in wages or, if caused by the contractor, to compensation.
The acceptance protocol
However, if the house is completed without any serious defects, the builder and contractor carry out a joint inspection of the property and draw up a formal acceptance report.
At this point, recognized defects and any remaining work are recorded. Despite a comprehensive log, Sarah and Tom may have missed something.
If a defect is visible and the house is nevertheless inspected, the couple’s right to supplementary performance, self-remedy with payment for the repair of the defect by the construction company and price reduction, lapses.
Experts help to identify deficiencies and formulate claims
Sarah and Tom should definitely consult an expert. It would have been even better to have the entire construction accompanied by a building surveyor who would detect defects at an early stage through regular quality checks. He also helps in the careful preparation of the building inspection, which is essential due to the importance of this date.
Before the construction acceptance, Sarah and Tom diligently document other small defects with the help of the expert, which are then noted in the acceptance report. Hoping not to have overlooked anything, they complete the house construction project for the time being and, enriched by a lot of experience, finally move into their new home.
But as Sarah and Tom will notice, legal construction sites are sometimes not long in coming even after the dream house has been completed.
Sarah Völkl hat Architektur studiert und ist seit Jahren das Gesicht von a better place. Mit ihren Videos ist sie bei YouTube vielen Personen schon länger bekannt. Sarah teilt Ihr Wissen jetzt auch bei den Bautipps von Almondia.
