ᐅ Prefabricated House: Ceiling Height Lower Than Agreed – Points of Reference for Damage Assessment

PS,
I wouldn’t ask for 5, 10, or 15% either,
but rather for material compensation,
such as photovoltaic systems, expanding the photovoltaic setup, battery storage, wallbox charging stations, etc.
Think it over.

Nida35a schrieb:

I wouldn’t ask for 5, 10, or 15%, but rather tangible compensation: photovoltaic systems, expanding the photovoltaic system, storage, wall box, etc. Think about it.

Then tangible compensation worth 5%? Why?
Better cash instead (and then decide over time whether the priority is the wall box or the garden).

Nida35a schrieb:

Get legal advice,

Since the house has not yet been inspected and the inspection is upcoming, I strongly recommend consulting an expert who can review the contract and the levels before the final inspection. Then proceed accordingly.
By the way, even "setting up a cupboard" can legally be considered as acceptance.

ypg schrieb:

By the way, "setting up a cabinet" can legally already be considered as acceptance.

Let’s take it slow ;-)
A single cabinet doesn’t necessarily mean acceptance. At most, it can be the start of taking the property into use.
You also need to check what the construction contract says. Many contracts require a formal acceptance procedure that cannot be replaced by implied actions.
And even if it could, that’s not a problem at all. Because acceptance simply triggers the reversal of the burden of proof. As the occupant, you would then need to prove that a defect existed beforehand—which wasn’t exactly easy with a ceiling that was too low, but it is possible 😉

Off-topic:
To avoid any issues with implied acceptance, you can immediately report any identified defect during furniture assembly or moving in, so everything is clear again (this is general advice for anyone who starts using the property before formal acceptance). So take photos before moving in and document everything. And/or inform the general contractor/developer in writing that you are assembling furniture and preparing for move-in, and that this explicitly does not replace acceptance (of course, document everything so that scratches on the parquet floor or similar can be photographed while the space is still empty).

But just because I place a cabinet there, in my opinion, it does not imply tacit acceptance that everything is fine and that I approve the house as is. That is why we also hold back 10% as retention until the final inspection. Of course, I will inform the builder about the defect promptly, that is, before the final inspection.

nordanney schrieb:

Slow down ;-)

No slowing down. First, I wrote „can,“ second, I have personal experience and disputes, which is why I researched back then.