ᐅ The warranty under the building code will expire soon. Is this defect notification correct?
Created on: 3 Oct 2019 11:41
F
fraubauer
Hello,
I have the following question.
In our multi-family house (new build, turnkey from the developer 4.5 years ago), the statutory warranty will expire in 6 months. I am one of the owners and live there myself. There are three other owners as well. We also have a small property management company. We originally purchased the property turnkey from the developer. The handover took place at the time of moving in.
Over time, some defects have appeared (at least from our point of view). 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: is the following procedure basically correct?
The property management reports the defects identified on the common property to the developer in writing, six months before the warranty period ends. I report defects in my private property directly to the developer. The developer will then presumably inspect the defects on site—either with or without their own expert, which is their choice. The developer then informs the owner or the property management in writing whether defects are present or not.
Only then could the property management commission an independent expert if we disagree with the developer’s assessment or have a different opinion.
If the expert disagrees with the developer’s assessment, the property management would notify the developer accordingly.
Or is it necessary to have an independent expert present already during the developer’s defect inspection through the property management?
(I understand that this is safer, but why incur unnecessary costs if they may not be needed or only required in a second step after the developer’s statement?)
Thank you.
I have the following question.
In our multi-family house (new build, turnkey from the developer 4.5 years ago), the statutory warranty will expire in 6 months. I am one of the owners and live there myself. There are three other owners as well. We also have a small property management company. We originally purchased the property turnkey from the developer. The handover took place at the time of moving in.
Over time, some defects have appeared (at least from our point of view). 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: is the following procedure basically correct?
The property management reports the defects identified on the common property to the developer in writing, six months before the warranty period ends. I report defects in my private property directly to the developer. The developer will then presumably inspect the defects on site—either with or without their own expert, which is their choice. The developer then informs the owner or the property management in writing whether defects are present or not.
Only then could the property management commission an independent expert if we disagree with the developer’s assessment or have a different opinion.
If the expert disagrees with the developer’s assessment, the property management would notify the developer accordingly.
Or is it necessary to have an independent expert present already during the developer’s defect inspection through the property management?
(I understand that this is safer, but why incur unnecessary costs if they may not be needed or only required in a second step after the developer’s statement?)
Thank you.
F
fraubauer8 Oct 2019 12:47ypg schrieb:
Immediately... as soon as damage is detected, the developer must be informed!
This requires a written notice of defects, with a reasonable deadline.Hello.
Yes, but if defects must always be reported immediately during the warranty period (5 years), does the developer have to be involved constantly? Isn’t this usually done once a year, for example at the owners’ meeting, where the property manager is present?
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nordanney8 Oct 2019 13:19fraubauer schrieb:
Hello.
Yes, but if you have to report defects immediately during the warranty period (5 years), doesn’t the builder have to come out all the time? Don’t people usually do this once a year, for example at the homeowners’ meeting where the property manager is present? If your car breaks down, do you wait for the service every 2 years just because the workshop is available then?
And yes, the builder will have to come out frequently if defects occur often. That’s what you paid them well for!
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