ᐅ Responsibilities of a Carport Manufacturer

Hello everyone.

Here’s the situation: The house is built (in Cuxhaven), the carport has been chosen and the contract signed. The price is almost 13,000€ (about $14,000).
The carport is a kit and will have space for two cars plus a workshop, covering a total of 50sqm (about 540 sq ft). The manufacturer is Biber Carport from Munich, and the contract includes a clause allowing cancellation if the building permit / planning permission is denied. I have already paid a deposit.
So far, so good.
While researching what is required for the building permit / planning permission application, the building authority said the application must be signed by a “design author” – either an architect or a master craftsman, whoever designed the structure. And, of course, they need a drawing of the carport.
That is clear too.
So I approached the company, which then said they don’t have such a person in-house but use an external expert. They said they would have to check if this person can sign the application because sometimes such signatures imply additional liabilities that cannot be fulfilled remotely, for example, if the design author were assumed to have construction supervision responsibilities. They want more than 500€ (about $540) extra for the drawing.
I can understand the extra cost for the drawing since my carport is custom-made. As for the liabilities related to the building permit / planning permission, I could not find anything in the form about that. It only has a section for the design author’s name, company, etc., and that’s it.

The review process took a long time, so after more than four weeks, I asked whether they were able to sign the application. Otherwise, I would like to exercise my right to cancel the contract. I did not really accept the Corona situation as an excuse since the external review is done by forwarding an email, and I had sent that email a week before the lockdown started in Bavaria.

Now, more than five weeks after submitting the form, they responded that they need more time, citing Corona and other reasons. Also, they said there was never talk of a building permit / planning permission service and that I can only exercise the cancellation clause if I can provide a rejected application.
Funny – how can I get a rejection if they won’t give me the signature I need?!

Long story short: Can anyone explain what the standard responsibilities of a manufacturer are in such a case? To me, that naturally should be part of the product. Meanwhile, they act as if this was an optional convenience service, like a registration service when buying a car. Maybe they haven’t fully understood the situation yet, but that can be clarified. Still: What is normally included in such a product and what counts as an extra service?
Even though I understand the additional charge for the drawing, I think buyers should be made aware of this in advance, especially since the carport is large enough that a building permit / planning permission is needed in every federal state, and therefore a drawing is necessary.

Looking forward to your answers.

Enrico

Hello, we have also been dealing with our sauna for ages. In Hesse, you need a building permit / planning permission, or it can be required. Here, only an authorized signatory can apply, and they have to submit the full documentation. We had it explained to us once during an open consultation hour at the building authority. I also asked the supplier if they know someone who can help, preferably for an extra fee. For me, it is obvious that this always means an additional cost. This also applies to drawings that go beyond the offer / contract. Otherwise, the company would be bad businesspeople, just producing costs. Draftsmen and so on need to be paid as well.

Just to repeat: what the building authority wants to see is simply that the person who professionally designed the structure also documents it. Where is the extra work in that? It’s like buying a car from VW and then having everything inspected again separately at the vehicle inspection station, paying an engineer to certify it...

Edit: or did you pay extra in your house construction for the architect to just put their name on it?

B.Baumeister schrieb:

To repeat: what the building authority wants to see is simply that the person who designed it professionally also documents it. Where is the extra work in that? It's like buying a car from VW but then having every single part inspected again by the vehicle inspection authority, paying an engineer to certify it...
Edit: or did you also pay extra for your house construction so that the architect would put their name on it?

That’s comparing apples to oranges. You want the carport manufacturer to sign the building permit / planning permission application without any costs. You do realize that they are liable for things like the foundation, right?

HilfeHilfe schrieb:

You do realize that he is liable for, for example, the foundation ground, right?

Incorrect. There is a separate site supervisor who must be appointed specifically for installation, foundation work, and similar tasks.

Wrong, the authority requires a signed building permit application. And this can only be done by an authorized person. You already know who that is.
It is your responsibility to obtain this signature.
The company is also correct regarding the rejected building permit application and the related right of withdrawal.
Get the signature, pay for it if necessary, and have the project delivered.