ᐅ Planning Errors / Incorrect Measurements – What Options Do We Have?

Hello dear forum,

During our paving work, we discovered that our construction company has misplaced the eastern property boundary. According to the land registry office, the boundary markers are set 1 meter (3 feet) inside my property. Therefore, the builder had to assume the boundary extended by 1 meter (3 feet).

At the rear, everything fits, but the company took 1.25 meters (4 feet) at the front. The problem now is that the house is completely finished, and I had ordered a 6-meter (20 feet) wide driveway. However, at one point, the driveway is 6 meters (20 feet) wide, while at the front near the street it is only 5.75 meters (19 feet). As a result, it is misaligned.

My carport is also supposed to be 6 meters (20 feet) wide. It was specifically approved as a 9.00 x 6.00 meter (30 x 20 feet) boundary-aligned structure. Now, it would either be skewed over the 9.00-meter (30 feet) length or only 5.75 meters (19 feet) wide.

Do I still have any legal options to take action against my construction company? Claims for damages? Any reference standards? Could this slight misalignment of the house cause further problems?

Thank you very much for your help.

Kind regards

Who carried out the staking out? Who commissioned or paid for the staking out? Was there a clause stating that the client must verify this staking out?

Regards

No, that clause did not exist. It was only my note in the construction meeting minutes: “the boundary is shifted by 1 meter (3 feet).” The general contractor was the one who initiated it.

It likely happened that the foreman marked the boundaries, and the property owner did not double-check, so surveying costs were saved but a risk was taken, and now things are as they are. I know this from experience—I did the same, and suddenly they had assumed the wrong boundary points. I noticed it in time, and it could still be corrected. If I hadn’t noticed, the house would have been slightly crooked on the plot. It’s no big deal; a little tilt is nothing to worry about.

Has the house already been surveyed? At least in Brandenburg, this is done two weeks after construction begins.
("The adherence to the specified floor area and elevation must be demonstrated to the building supervisory authority within two weeks after the start of construction by submitting a survey certificate from a licensed surveyor." § 72 para. 9 BbgGo)

Has this been the case for you as well? If so, what does it say?

Regards

No, it was not surveyed... Do I have any claim for damages now, or is it just my bad luck?