Special requests in developer contracts: extra price, plan change, BTVG, warranty and evidence before approval.
BRANDAUER Rechtsanwälte
Salzburg law firm for real estate, construction and corporate law
Every matter is handled by a coordinated team of lawyers, legal staff and specialists. In construction cases we look at contract, evidence, deadlines and commercial consequences together.
Special requests in developer contracts often start harmlessly: different tiles, an additional connection or a changed floor plan. Legally they can create extra price, schedule impact, interface risk and warranty questions.
The BTVG protects buyers against unsecured payments. Special requests must still fit the developer contract, payment model and execution documents.
This article shows how buyers can approve special requests without creating later disputes.
This article shows how buyers can approve special requests without creating later disputes.
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Special requests may look small but can affect price, deadlines, plans and warranty.
Special requests in developer contracts often start harmlessly: different tiles, an additional connection or a changed floor plan. Legally they can create extra price, schedule impact, interface risk and warranty questions.
The BTVG protects buyers against unsecured payments. Special requests must still fit the developer contract, payment model and execution documents.
Every change can affect plans, structure, building services, fire safety, sound insulation or condominium documents. The current plan version is therefore essential.
Approve special requests only when scope, extra price, plan version, payment and warranty fit together in writing.
This article shows how buyers can approve special requests without creating later disputes.
At handover, special requests should be checked separately: function, surface, dimensions, connections and consistency with the approved plan.
A special request should not be agreed only orally in a sales conversation. Precise scope, price, VAT, timing and payee must be clear.
In developer projects it must be checked whether the request becomes part of the developer contract or a separate order to a contractor. This affects payment, contact person and warranty.
Unclear extra prices often lead to disputes when standard performance and additional performance are not separated. Savings from omitted standard works should also be documented.
Every change can affect plans, structure, building services, fire safety, sound insulation or condominium documents. The current plan version is therefore essential.
Buyers should check whether the change needs approval, affects other owners or may complicate later use permit or handover.
If requests are agreed directly with contractors, interfaces arise. Coordination, liability and documentation by the developer must be clear.
Special requests must not blur warranty. If a later defect appears at a changed location, it must be traceable who planned, supplied and executed the change.
At handover, special requests should be checked separately: function, surface, dimensions, connections and consistency with the approved plan.
Reservations are important if the work does not match the agreement. General satisfaction declarations can be harmful later.
Special requests concern not only design, but also contract, technology and liability.
| Issue | What it concerns | Why it matters |
|---|---|---|
| Price Is it clear what costs extra and what standard item is omitted? | Only then can the extra price be reviewed later. | |
| Plan Is the current plan version approved and technically coordinated? | Otherwise execution errors and interface disputes may follow. | |
| Warranty Is responsibility for planning, supply and execution clear? | This decides who is the opponent in a later defect case. |
Special requests should always be checked against developer contract, BTVG and execution documents.
Before execution, approval should follow clear steps.
Record scope, material, plan and price in writing
The more precise the description, the less dispute at execution and handover.
Allocate developer, contractor, planner and management
Responsibility must be clear before ordering.
Check special requests and reserve defects
Handover should record the change separately.
Practical tip: For special requests keep not only the invoice, but also plan version, approval, material description and correspondence. For buyer protection see developer contract and BTVG. For a concrete contract review, you can arrange an initial consultation (EUR 72).
No. Scope, price, plan version, payment route and responsibility should be recorded in writing.
That depends on contract structure and contractor. It must be clear whether the developer or another contractor is your contractual partner.
Then it matters who planned, supplied and executed the change and whether it was included in project documentation.
In construction law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.
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