ᐅ Structural analysis certificate for stability 1 will not be issued

Hello,

I will try to outline the overall situation focusing only on the points important from the perspective of a layperson and the property owner. The entire project has a complex and extensive background.

• This concerns the reconstruction of a roof structure including the conversion into an attic apartment with a loggia in a multi-family building. An architect has been hired to manage the construction.
• Due to the building class, in addition to the structural engineering calculations, a reviewed structural engineering report (verification statics) is also required.
• The roof structure has already been fully built; only the completion of the loggia remains. So far, neither the verified structural calculation certificate (proof of load-bearing safety 1, calculation-based verification) nor the certificate of structural safety 2 have been submitted to the building authority.
• Due to autumn weather, water damage repeatedly occurs because work on the loggia cannot proceed without the approved structural statics. The property owner/I have instructed the architect to halt further construction since there is no assurance that the structural engineer will complete the statics review and building inspection.
• The building authority has issued a notice to the property owner/me, including a penalty fine of €1,000 until day X to submit the certificate of load-bearing safety 1. The structural engineer has informed by email that, due to capacity constraints, they cannot provide the reviewed statics by day X. They are unable to provide any estimated completion date.

What can be done now?
As the property owner, I have no influence over the completion of the reviewed statics but must now pay a penalty fine of €1,000 to the building authority. Since the reviewed statics cannot be submitted, construction cannot continue. This is causing water damage to the apartment. Also, no estimated date for completion can be provided.
Is the structural engineer obligated to review the statics within a certain timeframe? Nearly €3,000 has already been paid to the structural engineer. To my knowledge, I cannot simply change the structural engineer.

exaveal schrieb:

What else can be done now?
As the client, I have no influence on the completion of the structural review, but I now have to pay a penalty of 1,000€ to the building authority.

I would inform the building authority about the correspondence with the structural engineer and see what options or deadline extensions are possible. After all, there are people working there, not monsters.

exaveal schrieb:

Since the structural review cannot be submitted, construction cannot continue. This is causing water damage to the apartment. Also, no foreseeable completion date can be given.

You could have the loggia temporarily sealed or enclosed; the roof frame is already in place. That should be much more cost-effective than repairing water damage.

exaveal schrieb:

Is the structural engineer obligated to complete the review within a certain timeframe?

I couldn’t find anything about that in the structural review agreement or related publications. So I assume it depends on your contract. Have you specified a time frame?

However, I don’t really understand why you started building the attic *before* the structural review was available?

Regards, Bauexperte

Hello building expert, thank you very much for your reply.

I’m still not quite sure how the quoting function works, so I’ll try from top to bottom.

I am forwarding the correspondence with the structural engineer to the building authority. I hope this will allow the deadline to be extended. They are not impossible to deal with, but very hard to reach. Finding the fax number or email address will be a test of patience.

The loggia was temporarily sealed, but this is now the fourth water damage, and I have no confidence left in the craftsmen. It always follows the same pattern: “It’s sealed,” but at the next rainfall, water leaks through the ceiling into the neighbor’s apartment below. Last time, a large piece of plaster fell off the ceiling with a loud bang. This was unpleasant for the neighbor, embarrassing for me as the client, and frustrating because you depend on the craftsmen. Unfortunately, the architect shows no interest in addressing this issue as a high priority.

The contract with the structural engineer does not specify a timeframe. Verbally, followed by an email record that I sent to the structural engineer, the date X was communicated. The structural engineer was therefore aware of the submission deadline. Then, one day before date X, I received an email stating that the deadline could not be met.

Regarding the last point, why “I” started the attic construction before the structural approval: here is an attempt to summarize briefly:

• This is my first building project; I have no prior experience
• For this reason, I hired an architect to provide full planning and site supervision
• The building permit was already granted. The architect failed to submit a technical amendment to show the enlarged roof terrace.
• Due to this omission, the structural engineer could not start the structural calculations immediately. Since I was not informed about this, I was unaware up to this point.
• An invoice from the structural engineer was then issued, which the architect signed off as “services rendered.” It was forwarded to me.
• Based on this document, which the architect signed and approved for payment of the structural engineer's invoice, I 1. paid the invoice and 2. assumed that the structural calculations and approval were complete.
• The first letter from the city then arrived, stating that the structural safety certificate 1 was still missing.
• After consulting the architect, I was told “it can only be a formal error,” and the architect assured us that the structural engineer would handle everything.
• Then came the second letter from the city.
• After consulting the architect again, the only response was that the structural engineer would resolve it. From this point, I lost trust and took control myself, communicating directly with the building authority, structural engineer, and checking engineer.
• If I had known that the structural approval was still missing, I would have immediately objected when the architect began construction.

Hi,
this sounds complicated, and I’ve had to say it several times already: building regulations can be absurd.
But shouldn’t your architect have stepped in as well? It sounds like he knew that the structural engineering calculations weren’t ready yet, and he should have informed you about that.
And how can the architect approve the invoice as “service provided” if the service obviously hasn’t been delivered? The city hasn’t approved anything yet...
Did you tell the contractors to start working, or was it your architect? He is the construction manager, so that would normally be his responsibility.
I think it’s important now to have a construction lawyer clarify exactly who should have done what and when.

At first glance, I would say this is the architect’s problem and he is liable, but as with so many things: building regulations are absurd…

Time to see a lawyer!

Best regards,

Andreas