ᐅ The developer wants to omit windows for structural reasons.
Created on: 21 Apr 2016 17:26
T
TOfterdingerT
TOfterdinger21 Apr 2016 17:26Hello,
We have purchased an apartment in a nine-unit building that is currently under construction. Our developer surprised us with the latest floor plan they sent us. Suddenly, a window was missing in the living room. When we inquired, we were told it was removed for structural reasons. Furthermore, in the same room (living/dining area), another window (facing the garden) will no longer be floor-to-ceiling but will instead have a 100mm (4 inches) windowsill height, also due to structural reasons.
The apartment is located on the ground floor. The floor plan included in the purchase contract still shows the now-missing window. However, the windowsill height is not indicated on the plan.
In an email to our developer regarding our concerns:
- that we want the window
- or some form of compensation
we were completely ignored.
The purchase contract states:
“Deviations are permitted if they are legally required due to official regulations or if they prove to be technically and/or economically necessary and are reasonable for the buyer.”
What options do we have now?
Does the developer have to prove the structural necessity to us?
Or disclose the details?
Is it reasonable to omit a window?
In my opinion, it significantly reduces the value and the home-like character of the property.
In addition, we have many other issues with our developer.
We would be very grateful for helpful tips, information, and advice!
We have purchased an apartment in a nine-unit building that is currently under construction. Our developer surprised us with the latest floor plan they sent us. Suddenly, a window was missing in the living room. When we inquired, we were told it was removed for structural reasons. Furthermore, in the same room (living/dining area), another window (facing the garden) will no longer be floor-to-ceiling but will instead have a 100mm (4 inches) windowsill height, also due to structural reasons.
The apartment is located on the ground floor. The floor plan included in the purchase contract still shows the now-missing window. However, the windowsill height is not indicated on the plan.
In an email to our developer regarding our concerns:
- that we want the window
- or some form of compensation
we were completely ignored.
The purchase contract states:
“Deviations are permitted if they are legally required due to official regulations or if they prove to be technically and/or economically necessary and are reasonable for the buyer.”
What options do we have now?
Does the developer have to prove the structural necessity to us?
Or disclose the details?
Is it reasonable to omit a window?
In my opinion, it significantly reduces the value and the home-like character of the property.
In addition, we have many other issues with our developer.
We would be very grateful for helpful tips, information, and advice!
K
Komposthaufen21 Apr 2016 18:25I can understand your frustration. However, this forum may only be able to help you to a limited extent. I would recommend consulting a specialized lawyer.
Good luck.
Good luck.
N
nordanney21 Apr 2016 22:43Would you have bought the apartment without the window? I find it unacceptable if a window is missing – that’s just not okay!
And I don’t believe that the structural design suddenly requires a specific parapet height. It’s problematic that you don’t have a cross-section or the parapet height.
Better consult a lawyer.
P.S. I would always report defects by postal mail as well.
And I don’t believe that the structural design suddenly requires a specific parapet height. It’s problematic that you don’t have a cross-section or the parapet height.
Better consult a lawyer.
P.S. I would always report defects by postal mail as well.
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