ᐅ What technical documents are provided to the owner/property manager by the developer?

Hello,

I have purchased a turnkey apartment from the developer of a multi-family residential building. The 5-year warranty period will expire in about one year.

I have the following question:

Which technical documents can I, or the property management (for all owners), still request from the developer for my/our records?

I am thinking of documents such as:
Heating system details (thermal balancing/design of underfloor heating), impact sound insulation documentation, roof terrace waterproofing documents, solar system documentation, electrical circuit plans, sanitary pipe installation plans.

I would like to create a technical file from the construction that the property management can maintain, in case repairs are needed later.

After the 5-year warranty, the developer is no longer legally responsible or possibly reachable. Therefore, I want to obtain as many relevant documents from the construction as I am entitled to.

Thank you in advance.

Even though you are typically the first occupant when buying from a developer, it is essentially the purchase of an existing property and goodwill from the seller regarding the information included in the listing.

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The general contractor must know which documents are required, right? In our case, an expert checked whether all necessary documents were available. The developer had to be asked several times to provide them.

11ant schrieb:

Even though buyers of new build homes from a developer are typically first occupants, it is essentially the purchase of an existing property, and it depends on the seller’s goodwill which information is included in the property listing.

That is not correct! Section 650 of the German Building Code (Baugesetzbuch) alone requires the developer to provide certain documents! From this, many other obligations arise that are not explicitly listed but are generally required according to case law! Please do not present assumptions or personal opinions as facts!

Aphrodithe schrieb:

Section 650 of the Building Code alone regulates that the developer is obligated to provide certain documents!

I’m not sure which paragraph you actually meant—section 650 of the Building Code cannot be correct, as it refers to “movable items,” which a real estate property certainly is not. Therefore, I was unable to review the content of the paragraph you referred to. However, I believe that such an obligation in the relevant legal regulation will be sufficiently specified regarding 1. form, deadlines, and scope, and 2. in the case of a condominium ownership (commonhold/strata), it would likely be owed to that entity. The required scope should be considered comprehensive, and claims after five years might be time-barred (?).
I consider further requests for more detailed documents unlikely to succeed, since, after the warranty period expires, no legally protected interest of the buyer can be at risk. Non-load-bearing walls can also provide bracing and, in a condominium unit, may require approval from the homeowners’ association for alterations. The order number of the toilet flush button will not be listed in the documents, and, in my opinion, a request to verify whether the carpet adhesive was “bio” would probably be dismissed by the local court. Of course, my legal knowledge is that of an amateur and not certified, and we are in a forum where opinions typically do not carry any official stamp of approval; therefore, this circumstance does not require special mention in each individual case.

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11ant schrieb:

I’m not sure which legal paragraph you actually meant – it can’t be § 650 of the German Civil Code (BGB), as that refers to “movable property,” which real estate clearly is not. Therefore, I was unable to review the content of the paragraph you were referring to. However, I believe that such a claim is likely specified sufficiently in the applicable legal provision with regard to 1. form, deadlines, and scope, and 2. in the case of a condominium owners’ association (HOA), it would likely need to be made towards the HOA. The prescribed scope should be exhaustive, and claims after five years may be time-barred (?).
Requests for additional detailed documentation beyond that are, in my opinion, unlikely to succeed since, after the warranty period expires, there is generally no longer a legally protected interest of the buyer at risk. Even non-load-bearing walls can provide bracing and may require approval from the HOA for alterations in a condominium. The order number for the toilet flush button will not be found in the documentation, and the request to verify whether carpet adhesive was “bio” would, in my estimation, be dismissed by a district court. Of course, my legal knowledge is not professionally certified, and since this is a forum where opinions typically do not carry an official endorsement, this fact does not require special mention in each individual case.

Sorry, I meant § 650n of the German Civil Code (BGB)!

[Civil Code (BGB)
§ 650n Preparation and Delivery of Documentation]
(1) Before starting the execution of a contracted service, the contractor must prepare and hand over to the consumer the planning documents that the consumer needs to prove to authorities that the service will be performed in compliance with the relevant public-law regulations. This obligation does not apply if the consumer or their appointed representative has prepared the essential planning specifications.
(2) At the latest upon completion of the work, the contractor must prepare and hand over to the consumer the documentation needed to prove to authorities that the service was carried out in compliance with the applicable public-law regulations.
(3) Paragraphs 1 and 2 apply accordingly if a third party, such as a lender, requires evidence of compliance with specific conditions, and if the contractor has raised the justified expectation by the consumer that these conditions will be met.

General court rulings infer from this the right to receive further documentation necessary for maintenance, servicing, and repairs—particularly relating to the heating system, electrical installations, and similar systems! I will spare the citations here, as anyone can look them up!
Since this is not an optional provision, the entitlement persists even after five years!