ᐅ Final inspection of new construction despite missing heat pump. Is this a major defect?
Created on: 18 Sep 2022 17:35
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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.
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.
Westerwald 2 schrieb:
I would do exactly as 11ant suggested:
A final inspection can only take place when all services have been completed: Without a (fully operational) heating system, this condition is not met. I would only pay the remaining balance once everything is finished. Yes, 11ant showed me a good approach. I also agree with you that an inspection can only be done when all contractually agreed works are completed, and in this case, the heating system is not yet finished. Thank you as well for your feedback.
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SaniererNRW12318 Sep 2022 23:26HessamA schrieb:
Yes, 11ant has shown me a good approach. I also agree with you that acceptance can only take place once all contractually agreed works are completed, and in this case, that is not yet true for the heating system.By doing this, you risk being liable for damages. The key issue is readiness for occupancy, which can be achieved with a temporary heating system. It’s not that simple — see Section 640 of the German Civil Code and relevant case law regarding refusal of acceptance due to minor defects (and a functioning heating system, even if it’s not exactly the specified model, could be considered a minor defect).SaniererNRW123 schrieb:
Wrong. Ready-to-move-in status means that proper use of the apartment/house must be possible. It must be reasonable for you to move in. Therefore, a heat pump is not necessarily required if the developer—as mentioned—provides a temporary alternative. That means a replacement heating system. However, you could hold them responsible, for example, for covering higher heating costs.But what about the temporary solution for hot water, for example? Do I then have to accept instant water heaters throughout the entire house? And do I have to agree that 136m² (1462 sq ft) of living space will be heated with electric heaters? Is that reasonable to a certain extent? And how long can this situation last? I would document the missing heat pump as a defect in the handover protocol at acceptance. What would be an appropriate deadline here? My concern is that the heat pump will only be available in several months.
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Westerwald 218 Sep 2022 23:34SaniererNRW123 schrieb:
In case of doubt, you could be liable for damages. It concerns readiness for occupancy – and this can be given with a temporary heating system. It is not that simple – see Section 640 of the German Civil Code (BGB) and relevant case law regarding refusal of acceptance due to minor defects (and a working heating system, even if not exactly the specified device, could be considered a minor defect). I disagree: The question is about what the temporary solution looks like – only then can it be assessed whether occupancy is possible. No one here is saying that living with a temporary solution is impossible at first. It is, however, the responsibility of the house builder to explain how this is intended to work. A final acceptance can certainly only take place after full completion – and it is equally clear that the entire remaining balance is not due at that point.
SaniererNRW123 schrieb:
In case of doubt, you could be held liable for damages. It concerns readiness for occupancy – which can be achieved with a temporary heating system. It’s not that simple – see Section 640 of the German Civil Code (BGB) and relevant case law on refusal of acceptance due to minor defects (and a functioning heating system, even if not exactly the ordered unit, could be considered a minor defect). Thank you as well for these new aspects.
So, should I proceed with acceptance and document the absence of the heat pump as a defect, setting a deadline? I already asked above: How long is such a situation reasonable to accept? Do I have to give the developer several weeks or months, or is the usual period 14 days?
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SaniererNRW12318 Sep 2022 23:43HessamA schrieb:
But what about the temporary solution for hot water, for example? That’s why I wrote post #18
HessamA schrieb:
Do I have to agree to instantaneous water heaters throughout the whole house? That’s nonsense. The entire electrical system would have to be changed and new wiring installed for that.
HessamA schrieb:
And do I have to agree to heating 136sqm (1460 sq ft) of living space with electric heaters? Is that reasonable to expect to accept? And how long can this situation last? Again: ASK QUESTIONS!!! The builder should tell you what they are planning. Maybe they will set up a temporary mobile heat pump for you. These devices can also be rented as provisional heating; they are mobile units.
HessamA schrieb:
I would have the missing heat pump recorded as a defect in the handover report during acceptance. Definitely!
Westerwald 2 schrieb:
I don’t see it that way: the question is how the temporary solution looks—only then can it be assessed whether occupancy is possible. That’s exactly what I wrote in #18.
Westerwald 2 schrieb:
No one here is saying that you can’t live with a temporary solution for the time being. In #19 the OP says he wants to refuse acceptance because the heat pump is missing. And that can generally lead to the consequences I mentioned. Acceptance under construction law (unfortunately) is not that simple.
Westerwald 2 schrieb:
It’s just the builder’s responsibility to explain how this will be handled. A final handover can definitely only take place after full completion—and it’s also clear that the entire remaining balance will not be due. Yep. Fully agree.
HessamA schrieb:
So then carry out the acceptance and document the missing heat pump as a defect and set a deadline? First ask the builder what their plan is. Then consider what you want to do. Again: don’t decide anything concrete yet before you know what will actually happen. No one can advise you right now to simply accept or refuse acceptance.
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