The seller is responsible for the proper execution of the construction project and for having the necessary staff for it. The Housing Sales Act offers buyers the opportunity to choose a construction inspector as their representative.
The observer of the construction work has the right to enter the construction site and obtain from the limited company and the founding partner the information needed to monitor the progress of the work. These include, for example, the contract, drawings and construction work explanations.
Buyers elect an observer at the shareholders' meeting. He must have the professional qualifications required for the task, and he must not be dependent on the person performing the construction work or the founding partner.
The observer monitors the schedule, working methods and materials
The task of the inspector is to monitor the appropriateness of the construction schedule, work methods and materials used and that the building is completed in accordance with the construction contract.
The observer can negotiate with the contractor or his representative and make the comments and suggestions he deems necessary. He informs the buyers about his observations, for example in writing or by calling the shareholders together. It is up to the shareholders to decide whether the observer's findings or remarks warrant action.
The observer is not the subject's supervisor
The inspector is not a supervisor of the object, and has no control over the seller/builder or buyers of the apartment. Also, based on his position alone, he cannot make decisions binding on the company or individual shareholders. Choosing or not choosing an observer does not affect the seller's responsibilities.
The construction work observer's term of office lasts until the end of the construction phase, i.e. until the company's administration has been handed over and a new board of directors has been elected for the company.
The expenses of the observer's work can be added to the housing company's expenses, deviating from the financial plan
If an observer of the construction work is selected, his remuneration and other expenses arising from his work can be added to the housing company's expenses according to the Housing Trade Act, even if they were not taken into account in the company's financial plan.
As an expense of the housing company, the fee will later be paid by the shareholders. The payment is allocated on a consideration basis to all shareholders, even if not all had chosen an observer.