ᐅ Question about the final building inspection

Created on: 16 Jan 2017 11:42
O
oggear51
I have a question regarding the building inspection:
Who is responsible for applying for the building inspection—the architect or the homeowner?

The situation is that I have been living in the house for about 6 months now, and the day before yesterday, I received the final invoice from the architect, implying that since I am already living there, the building inspection is considered completed.

There are still a few defects in the house that did not prevent moving in, such as a wrong front door being delivered (I am still waiting for the replacement) and no hydraulic balancing was done, etc. So nothing major, really.

I would appreciate any response.

Thank you very much.

Best regards
K
Knallkörper
16 Jan 2017 15:34
ypg schrieb:
You have a 4-year warranty according to VOB or 5 years under the Building Code.

However, if nothing is reported, then nothing happens 😀 You're right about that.

Sure, but:

- Reversal of the burden of proof after tacit acceptance
- Warranty period starts from tacit acceptance, not from defect rectification

The legal consequences can be drastic.
O
oggear51
16 Jan 2017 16:18
So the architect has been aware of every defect for quite some time, except for the missing hydraulic balancing, which I only noticed recently. However, nothing has happened so far. The final invoices from the heating engineer and the window manufacturer are still outstanding, so no final acceptance has taken place. I will send the architect one last notice to remedy the defects. If nothing happens, no one will receive any payment, quite simply.
Benextra16 Jan 2017 22:41
...Oggear, are you listed in the land registry? Usually, the general contractor / main contractor uses this for leverage.

Before the final invoice, the developer sends the completion notification and invitation for the handover. But everything is too vague here, since I don’t know the contract.

I refused to accept the handover due to significant defects and, after multiple requests for defect rectification, I filed a lawsuit with a basic protocol. However, I am already living in the house. You should consult a specialized construction law attorney...
O
oggear51
17 Jan 2017 12:10
Do you mean registered in the land registry before the start of construction?
Benextra17 Jan 2017 20:23
...no, I am the owner listed in the land register - after the priority notice of conveyance.