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

Created on: 18 Sep 2022 17:35
H
HessamA
Hello dear forum members,

In March 2021, we purchased a house from a developer under a standard developer and broker contract. The handover is scheduled for September 28, 2022. The contractually agreed deadline is September 30, 2022. In a letter regarding the handover, the developer noted that the heating system will not be fully completed by the handover date and that we will have to work with temporary solutions. He did not specify exactly what is missing or what these temporary solutions involve. However, based on verbal statements, we know that the heat pump is missing. Isn’t the absence of the heat pump a significant defect that would justify refusing the handover? I have the impression that the developer wants to push through the handover before the deadline to avoid possible damage claims.

Thank you in advance for your help.
H
HessamA
28 Sep 2022 17:31
allstar83 schrieb:

Did the developer countersign the report?
I suggest formally handing it over with a deadline. Then it’s their turn again. You can do this firmly but politely and stay in contact.
But 60 defects sounds like a lot.

We rejected the acceptance. The acceptance report was not signed by any of the parties.
kati133728 Sep 2022 17:53
HessamA schrieb:

Hello everyone,

I have an update for you and would appreciate your opinions and feedback again. Today, we conducted the handover inspection accompanied by an expert. During this, we documented 60 different defects in the inspection report. Among other things, the heat pump—which was already known beforehand—was missing. The promised temporary solution in the form of electric heaters and an instant water heater was on site (meaning the devices were there), but they were not connected. We were simply told that the responsible electrician had suddenly fallen ill and that this work would be completed soon. As a result, we could not verify during the inspection whether we had electricity, hot water, or heating. Nor were we able to test the electric shutters, underfloor heating, etc. After consulting with my expert, we concluded that the house is not ready for occupancy. We informed the builder of this and also told him that, due to the many defects and the inability to check hot water, electricity, and heating, we refuse to accept the handover. He believes the house is ready for occupancy. He then said that the inspection is finished and that he must proceed to the next inspection appointment (there are three terraced houses). We did not sign anything.

What do you think?


Bold move. But what else could he say?
In what world is a house ready to move into if there’s neither heating nor electricity?
What I don’t quite understand is why the absence of the heat pump means you don’t have power for the shutters. How are these connected?

I think refusing to accept the handover was probably your right. I believe you can also formally do this and demand that the defects be fixed. How about payments? Do you still have any funds withheld?
Best regards & all the best to you.
H
HessamA
28 Sep 2022 18:11
kati1337 schrieb:

Bold move. But what else was he supposed to say?
In what world is a house considered move-in ready if neither heating nor electricity works?
What I don’t quite understand is why the absence of the heat pump means you don’t have power for the roller shutters? How are those connected?

I think refusing the final inspection was definitely within your rights. From what I know, you can also formally do this and request that defects be fixed. How about payments? Do you still have something reserved?
Best regards and all the best to you.

We have withheld the 5% retention (he had invoiced us for this) and the installment F) under the realtor and builder contract is still outstanding (due at completion). We had already accepted the absence of the heat pump due to current delivery difficulties. But when we wanted to check the electronics, hot water, and so on, we were told casually that the responsible electrician was sick today and at the doctor. He would come as soon as possible to complete the connection. Which is certainly possible, but it was not the case at the time of the final inspection.
kati133728 Sep 2022 18:13
HessamA schrieb:

We withheld the 5% retention (he had invoiced us for this) and the final installment F) under the broker and developer contract is still outstanding (due upon completion). We had already accepted the missing heat pump due to the current supply difficulties. But when we wanted to check the electronics, hot water, and so on, we were casually told that the responsible electrician was sick today and at the doctor. He would come as soon as possible and make the connection. That is certainly possible, but it was not the case at the handover.
Do the sockets and similar things work? Heat sources?
If the electricity doesn’t work at all, I would be really suspicious. I mean, such things were installed quite early before our handover. So the power to the sockets was definitely up and running fairly early.
H
HessamA
28 Sep 2022 18:20
kati1337 schrieb:

Are the power outlets and things like that working? Any burn marks?
If no electrical system is working at all, I would really be suspicious. I mean, in our case, such things were installed quite a while before the final inspection. So the power at the outlets was definitely working pretty early on.
We had no power to check that.
kati133728 Sep 2022 18:22
HessamA schrieb:
We didn’t have electricity to check that.
Yes, exactly, that’s what my question is about. This was a house handover – why didn’t you have electricity?