ᐅ Final inspection of new construction despite missing heat pump. Is this a major defect?

HessamA schrieb:

Now the developer is requesting payment of installment F) together with the notice for the acceptance appointment. Without this payment, the acceptance will not take place. Installment F) is due: "after completion of the tiling work in the sanitary area and the façade work and upon readiness for occupancy, concurrently with the handover of possession, at 13.3%."

If I understand correctly, these 13.3% represent the final installment (?).
What he means by saying that the "acceptance" will not take place without this payment is presumably that he is making the handover of keys dependent on this condition. Only you can refuse the acceptance, not him—of course only with good reason, which in my opinion is clearly given here (simply because the work is largely unfinished). The heat pump is presumably completely missing; it is not just a matter of delivering a booklet with its operating instructions or that it should have a different housing color than ordered.

HessamA schrieb:

To be honest, I am still unsure about how to proceed. I actually want to avoid hiring a lawyer,

The uncertainty is exactly why you should consult a lawyer. You don’t have to officially retain one right away; an initial consultation is just a meeting, after which you typically pay between three hundred euros with an invoice or often as little as fifty euros in cash for a simple consultation. Take with you the contract, the letter regarding the incomplete work related to the planned acceptance date, and what you have written based on my suggestion. “Nothing to fear,” to quote the Hero of Stones again ;-)

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I would handle it exactly as 11ant suggested:

11ant schrieb:

In my view, he would either have undermined himself or made a bad bargain. I would gratefully acknowledge receipt of his notification regarding the situation and the resulting invalidity of the acceptance date, and set a deadline of 14 days from receipt for him to
1. clarify his statement concerning the execution and duration of the temporary solution;
2. declare his choice whether he now wishes to proceed with a partial acceptance initially;
3. commit to specifying which extension period he requests; and
4. provide two proposals for mutually agreeable dates for the partial or final acceptance.

A final acceptance can only take place once all work has been completed: without a (definitive) heating system, this condition is not met. I would only make the final payment once everything is finished.

11ant schrieb:

If I understand correctly, these 13.3% represent the final payment installment (?)

What he means by saying the "acceptance" will not take place without this payment is probably that he is tying the handing over of the keys to this condition. Only you can refuse the acceptance, not him—of course, only with good reason, which in my opinion is clearly justified here (simply because the work is significantly incomplete). The heat pump is presumably completely missing; it’s not just about delivering the folder with its manual afterward or it having a different housing color than ordered.

You are absolutely right, of course. The letter states that without payment, there will be no handing over of the keys.

This is not the final installment but the second to last one. However, the final payment G) is only 3.5% of the purchase price, and as mentioned here, the second to last installment F) is contractually linked to the readiness for occupancy. This condition is not met because the heat pump is missing.

11ant schrieb:

To address the uncertainty, you should contact a lawyer. You don’t have to formally appoint one right away; an initial consultation is just a meeting, after which you usually pay anywhere from three hundred euros with an invoice or quite often just fifty euros (cash, without a receipt for the office’s coffee fund). Bring the contract, the letter regarding incompleteness at the planned acceptance date, and the specific text from my suggestion. "Nothing to be afraid of," to quote the Helden der Steine again ;-)

Yes, I will do that. Thank you for the advice and for your late reply. I will proceed exactly as you suggested.

Thanks again 🙂

11ant schrieb:

If I understand correctly, these 13.3% represent the final installment (?)

No, according to the real estate agent and developer regulations, the last payment of 3.5% is still due after full completion. In this sense, a handover (handover with a defect report) could take place. In my opinion, it depends on the temporary solutions in place. For an average house costing €500,000, the original poster would still withhold €17,500. So it depends on the value of the defects.

HessamA schrieb:

Installment F) is contractually linked to the readiness for occupancy. This readiness is not present because the heat pump is missing.

This is incorrect. Readiness for occupancy means that proper use of the apartment/house must be possible. It must be reasonable for you to move in. A heat pump does not have to be installed for this, as long as the developer—as mentioned—provides a temporary alternative, such as a backup heating system. However, you could hold them responsible, for example, to cover higher heating costs.

P.S. As others have already mentioned, first find out what the developer actually plans to do. And do this well before the handover. Then come back here with that information and/or consult a lawyer.