ᐅ SUB is not registered in the trades register for masonry work.

What can or must I do if I find out just before completing the shell construction that the general contractor responsible for building the waterproof concrete basement and the entire shell (a semi-detached house with a total usable area of 600 sqm (6458 sq ft) – with serious defects) is not registered in the craftsmen’s register for masonry and concrete work, but instead for demolition, drywall, and tiling?

According to my inquiries, this qualifies as undeclared work: Undeclared work is performed by anyone who provides or commissions services or work and independently operates a licensed craft as a permanent business without being registered in the craftsmen’s register (§ 1 of the Crafts Code).

What is your opinion on this?

The execution of structural work by a company that is not registered in the trade register for this type of work violates § 1 of the Crafts Code, but it does not invalidate the concluded construction contract. The Crafts Code serves solely a public regulatory function and does not affect the private legal validity of the construction contract in question.

As long as the work has been carried out properly—something that can only be assessed by a construction expert—there are no contractual differences.

The lack of registration in the trade register also does not affect building permits or occupancy certificates.

In case of defects, the procedure is the same as for all construction projects.

Undeclared work does not have a real impact on this.

Lay opinion—no legal advice

It is certain that the work was not carried out properly. According to the expert report, the defects amount to approximately €30,000. At the time of the report, however, we were not yet aware of this missing registration. We also do not have a contract with this company, but with the general contractor.

I wouldn’t do anything further that could jeopardize the construction progress.

You have professional construction supervision capable of adequately identifying defects. They handle these professionally, whether it concerns screed applicator Achmed, drywall installer Machmut, or the roofing carpenter Erwin.

Hausbau2019 schrieb:

At the time of the appraisal, we were not yet aware of this missing registration.

It doesn’t matter to you who performed the work, right? If you have already reached the point where the defects have been identified by an expert, everything seems to be proceeding through the usual (legal) channels. It’s unfortunate, but what exactly are you trying to imply with the illegal work issue? After all, you have a contract with a general contractor who is your main contact and service provider.

Correct. The question is whether it must be reported if you are aware of it.