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
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
Knallkörper16 Jan 2017 15:34ypg 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.
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.
...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...
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...
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