ᐅ Developer refuses to release documents

Created on: 10 Sep 2019 21:12
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Fay1983
Hello,

I am quite new here and hope this is the right place for my concern.
We are currently having a turnkey house built through a developer, meaning we are purchasing the finished house along with the land. It is a semi-detached house, 130sqm (1400 sq ft), currently at the shell stage, with the roof and windows completed, so the house is basically “closed in.”
We have now discovered serious defects in the construction of the interior walls. Some of the bricks were cut with an axe instead of using the available saw. The walls look accordingly poor and have been covered with large amounts of mortar, so later on when installing furniture, we can never be sure if it will hold properly. In plain terms: it is botched work.
A complaint to the developer about these defects has so far led to nothing; it was ignored. We can never reach the responsible people by phone, and we have not met the site manager even once in person.

We have now hired an independent building expert, who repeatedly pointed out that the following documents are needed for ongoing construction supervision:
Structural engineer’s report
Energy performance report
We asked the developer to provide these documents, but this was refused; we were told we would receive them only once we officially own the property.

What can we do now?
Even if the developer denies us an expert on site and exercises their property rights, we would at least like to have an expert present at the final handover. But the documents will only be provided AFTER this handover....

Is the developer required to provide these documents at least before the final inspection?
Do we at least have a chance to report the defects already identified and demand corrections? Even if it is very inconvenient to reopen finished walls, as mentioned, there has been no dialogue with us so far. So far, we only have photos as “evidence.”

I would really appreciate any advice, as this whole building project is becoming extremely frustrating.

Thank you and best regards
G
guckuck2
11 Sep 2019 17:45
Who even says that the masonry is defective?
Fay198311 Sep 2019 17:54
Who even says the masonry is faulty?

I can gladly send you pictures; any layperson can see it.
There are professionals in the family who were completely shocked.
G
guckuck2
11 Sep 2019 18:08
Then just show the pictures to your building inspector.
Fay198311 Sep 2019 20:26
We would like to, but the expert requires documents that the builder does not provide us. We also want to get the builder’s permission for an expert to access the construction site, but we receive no response—they do not answer the phone, and their mobile phone is switched off.
11ant11 Sep 2019 21:38
Fay1983 schrieb:

However, the expert needs documents that the developer is not providing us.

For what purpose? - On the other hand, you write,
Fay1983 schrieb:

I can gladly send you pictures, any layperson can see that.

You only need to compare poor workmanship with the standards, not with a construction plan.
Fay1983 schrieb:

Do I have to accept a house with visible defects? I can hardly believe that. Why is there a handover with a report?
Even a developer cannot simply do whatever they want, can they?
[...] it can’t be that I have to buy a defective construction in the end.
Fay1983 schrieb:

They are not answering the phone and their mobile is switched off.

When buying from a developer, you are practically buying a pig in a poke if the building is still just an idea at the notary appointment. By now, you should urgently discuss with an experienced lawyer what exactly you have signed: a contract with a developer, a main contractor, or a fraudster?
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
Y
ypg
11 Sep 2019 23:42
Well, I wouldn’t sign off including all visible defects. That’s what the final inspection is for, which includes a report.
Fay1983 schrieb:

Having to buy an unfinished work with defects. Defects that already exist.


Why call it a defect? Who says it’s a defect?
I’ve seen several walls here where the builder almost lost their mind, but technically there was no defect.
Maybe you could show a photo of the disaster?!