Status: 06/27/2023 8:31 p.m
Construction defects in new buildings are now more the rule than the exception. Damage occurs more and more frequently, for example due to moisture. What can homeowners do to prevent defects?
Around 40 percent of all new single and two-family houses have defects in their construction. About 38 percent also have defects in pipes, plumbing and heating systems. In the past ten years, the error rate has more than doubled. This is the result of a study by the Institute for Building Research (IfB) on behalf of the Bauherren-Schutzbund eV (BSB).
Construction law experts such as the Hamburg lawyer Kay Poulsen see the construction boom of recent years as the reason for the increase: In his opinion, many companies are taking on more orders than they can handle. In addition, fewer and fewer skilled workers are available on the labor market. Another important point: Due to the increased requirements, for example with insulation, construction is becoming more and more demanding and therefore more error-prone. Tips on what homeowners should look out for.
Check construction companies
First of all, builders should thoroughly examine the developer with whom they want to build their own home:
Request a company and creditworthiness report from a credit agency on the Internet (from around 70 euros). This gives you an overview of the company’s development and financial situation. Take a look at the company: what do the office buildings look like? How many employees are there? What is your overall impression? Check out the company’s website. Ask specifically whether they work with subcontractors and if so, which ones .Search the Internet for reports from other builders, for example in forums.
Discover pitfalls in the contract
Before you sign: Have the purchase contract checked by an expert, for example a specialist lawyer for construction and architect law. A professional can spot pitfalls like incorrect payment schedules. Clients should never pay in advance, but only pay after the service has been rendered. If the construction company goes bankrupt, at least no money is lost.
Ask independent consultants
Don’t just rely on the mostly free advice from banks and development agencies. Because they have an interest in earning money from you by lending. Independent advice on traps and tricks when building a house is available from the consumer advice centers, for example.
demand collateral
When drafting the contract, pay attention to the so-called certainty of completion. According to the Claims Protection Act (FoSiG), builders may demand a maximum of five percent of the purchase price as security from the contractor or prefabricated house supplier. The money can at least cushion financial damage caused by delays in construction or insolvency. It is best to keep the contribution as security for the first down payment. After acceptance of the house, the construction company receives the security back. Be sure to check other payment guarantees or sureties for their seriousness.
Identify deficiencies early
Regularly inspect the construction site with a self-appointed construction surveyor. In this way, you can identify defects early and keep a security for them – usually twice the monetary value of the defect.
Construction acceptance only if there are no defects
Do not accept the build until it is free of defects. Because from the time of the building acceptance, a legal reversal of the burden of proof applies. This means that the builder must be able to prove afterwards that a defect was already present before acceptance. If you have to move into the new building despite the defects (e.g. due to the termination of the old apartment), make it clear to the construction company that moving in does not represent acceptance. Set a deadline for the remaining deficiencies to be rectified.
Better to be sued than sue yourself
If defects lead to a legal dispute, avoid taking legal action yourself if possible. It is better if the construction company sues you – for example, because you have withheld money. Because the plaintiff usually pays the expert. In this way you also avoid lengthy court proceedings, because the construction company first has to bear the majority of the costs and probably tries to avoid lengthy proceedings.
Further information
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market | 07/03/2023 | 8:15 p.m