ᐅ Is a developer required to disclose significant slope height and associated costs?

Hello dear forum members,

We are currently building our house on the lower part of a slope, on an almost flat plot. In the garden area, there was also a certain incline, so we hired the builder to fill in the ground at a cost of about 3,000 EUR. What we didn’t know, however, was the required building height of the house, which is above the original ground level. Because of this, our garden area had to be filled again, resulting in a slope of 2 meters (6.6 feet) on one side. The costs for reinforcing this slope are estimated between 20,000 and 30,000 EUR. If we had known this earlier, we might have designed the terrace with steps and created a terraced garden. Our builder never informed us about this issue and its consequences. Also, the large slope height is not visible in the construction plans.

Do we have any legal options here?

Thank you in advance!

Sony

Well, you must have signed a contract (really a developer or general contractor?). The contract would also have included plans and elevation details.
Of course, there is some room to argue whether the company should have pointed this out to you again or not. After all, you must have been familiar with the plans.

Without knowing more, I think you received what you ordered.

The question is whether it’s a property developer or a general contractor (GC). Even if the answer doesn’t really matter.

With a property developer, you get what is specified in the contract – the house, the land, and everything else that is contractually agreed upon. If the contract doesn’t state that the land will be made ready for occupancy, then it won’t be.

With a GC, you have already purchased the land beforehand. The land situation is not their concern. You only have a contract for building the house. Everything else is irrelevant to the GC. Why would it be any different? It’s your land.

But honestly, you have such a slope on the site and didn’t think about the costs in advance? I really can’t understand that.

...and I myself have a sloped plot with a 3m (10 feet) gradient. You build on something like that with your own architect, who is well aware of these issues and works for you.

Sony70 schrieb:
This significant slope height is also not apparent in the construction plan.

Sorry for the somewhat unconstructive and blunt comment, but if you haven’t properly read or understood the plans from the building permit and detailed construction documents (as laypeople, we naturally have limited knowledge), then it’s somewhat your own responsibility, isn’t it? In that case, you just have to seek professional advice, which we did as well; there’s no other way.

There must be a site and elevation survey from the surveyor, showing heights above sea level (üNN), right? The detailed construction plan also specifies the height of the finished floor or the raw floor level in üNN. A 2-meter (6.6 feet) difference should catch your attention, and you need to ask yourself where and how that height difference will be managed.

I can’t judge whether €20,000–30,000 is too much. In our case, the lowest point in the front part of the plot needs to be filled by 1 meter (3.3 feet) to create a gravel bed for the foundation slab, and the general contractor’s cost estimate is currently between €2,000 and €5,000. This estimate is based on a soil report. Therefore, considering the quantities involved and additional reinforcement requirements (due to a steep slope angle, perhaps), a cost of €20,000 might well be realistic for your situation.

Mottenhausen schrieb:
Sorry for the somewhat unconstructive and blunt comment, but if you haven’t properly read or understood the plans from the building permit application and detailed planning (as laypeople we don’t have much knowledge about this), then that is somewhat your own responsibility, right? You just have to get professional help, we did that too, there’s no other way.

There should be a site and elevation plan from the surveyor showing heights above sea level (üNN), right?! The detailed planning also specifies the finished floor height or raw floor height above sea level. A 2-meter (6.6 feet) difference should be noticeable, and you must ask yourself where and how the height difference is managed.

I can’t judge if the €20,000 to €30,000 is too much, but in our case, 1 meter (3.3 feet) of fill material is needed at the deepest point at the front of the plot (to create a gravel bed for the foundation slab) and the estimate from the general contractor is currently €2,000 to €5,000. This estimate is based on the soil report. So, based on quantities alone and considering additional reinforcement needed (because of a steep slope?), €20,000 could well be realistic for you.

Development plans always include elevation data, so you don’t need a surveyor for the initial assessment. In our project, the top priority was the slope situation and the resulting costs. Second priority was the boundary design in cooperation with the neighbors, since neighbors significantly influence your costs (hopefully you did the same, otherwise it might get even more expensive). Third priority was designing the terrace, followed by the rest like floor plans, building elevations, etc.

By the way, the costs are realistic (it’s not just about retaining walls, but as I understand it, about a 2-meter (6.6 feet) terrain raise across the entire plot). We are above €30,000 on our slope and that doesn’t even include a fence or similar features. So don’t turn a blind eye or look for someone to blame—focus on finding solutions.

Yes, we have taken that into account. Both neighbors are about the same height, garages are side by side at the same level, and so on. Everything fits. Slope facing the street.

But how does your answer help the original poster now?