Builder deviating from plan

robatwork · 24 December 2017 at 12:06PM

It is indeed a matter of opinion - if your solicitor can get the builder to budge then job done. If not it would have to come down to the opinion of a judge.

I bought a house off plan once. Won't be doing that again. They actually built the kitchen the wrong way around as they forgot to transpose the diagram from the identical house built the other way around. I wouldn't trust a new home builder in the UK to mow a garden properly, let alone build a house with care.

davidmcn · 24 December 2017 at 12:24PM

AdrianC wrote: »

A wall and a fence of similar height and opacity could easily be described as "of similar appearance and quality" - they both provide a solid boundary which prevents visibility.

Nah, I can't see that argument running. A fence does not look like a wall, and theyre certainly of different quality insofar as the fence will need more maintenance than a wall.

They should certainly be building in compliance with planning, so if the change needs approval they ought to be getting it.

Hollydog01 · 24 December 2017 at 1:13PM

My friends hubby who is an architect deals with planning. He said that they would get retrospective planning and it would more than likely get through. He said it’s more of a legal matter rather than planning.

I am going to compose an email to the builder rather than speaking to him as he runs rings around me on the phone. My contract states that both parties should try and resolve any issues before any third party is involved. At least I would have a record that I’m trying to resolve it.

Now what to put in the email.......:eek:

AdrianC · 24 December 2017 at 2:14PM

davidmcn wrote: »

Nah, I can't see that argument running.

Ultimately, it'll be down to a court to decide.

Hollydog01 · 27 December 2017 at 1:28PM

Hope you all had a great Xmas.

I’ve had a few days to mull this over with regard to builder puttting up boundary fence rather than a wall that was indicated on the plans. I think I need to speak to my solicitor first rather than emailing the builder. At least my solicitor can advise whether I have a case. Do you think this is the best course of action first?

Having seen all replies I really think it’s 50/50 if it went in font of a judge. I am not certainly under no illusions that I would win as what’s in the contract is subjective/opinion. So what are your thoughts on the following.
1. As this dispute is to do with boundary rather than house itself can I still legally complete while pursuing through court
2. In general how long could all this take
3. Any idea on legal costs associated with this.
4. If I lose what will be likely cost to me and would I incur legal costs for the builder
5. If judge looked favourably on my case would I ever get my costs paid
6. I’ve exchanged contracts so can the builder not sell to me and put I back on market. What are my rights?

I’m so upset with this, how come the builder can willy nilly do whatever they like without informing me, they have changed the look of the plot. Also how come the builder holds all the cards and the buyer has little clout as this what it seems to me.

Thank you for any advice/suggestions.

Chrisblue1962 · 27 December 2017 at 2:17PM

Actually, this may be a planning enforcement matter....

Most new-build housing developments now usually get planning permission which have strict conditions attached, for things like Boundary Treatments - Walls and fences. If they fail to discharge these conditions or deviate from submitted plans, they in breach of the planning permission and may be subject to planning enforcement action.

Remedy:

Phone your local Planning Authority and insist on speaking to the Planning Enforcement Officer and state they are in breach of the planning permission.
Ask the officer for the planning permission referenence so you can view it online yourself, including plans for the development - it will be something like 17/00123/FUL or 17/00123/OUT (YY/NNNNN/APP TYPE). FUL means Full application, OUT means Outline application
Ask your builder who is carrying out the Building Control function - Local Authority or Independent Registered BC company?
Ask your builder to provide a copy of the Building Control Completion Certificate (which is wholly separate from Planning Permission and any NHBC warranty) when build for your plot is complete.

No need to involve solicitor at this stage but information gathered may show the builder you are serious and will come in handy later, especially if you sell at later date. e.g BC completion certificate.

Good Luck.

davidmcn · 27 December 2017 at 3:10PM

AdrianC wrote: »

Ultimately, it'll be down to a court to decide.

I've negotiated plenty of contracts which include a similar form of wording, and I doubt anybody involved has thought that it meant a developer can stick up a fence instead of a wall.

pinkshoes · 27 December 2017 at 3:29PM

Hollydog01 wrote: »

Today I spoke to the MD of the building company who has changed the boundary wall for a cheap fence. I asked what was the justification in changing, his reply was that in his opinion a fence would look better than a wall and that is the end of it. No apology, nothing. The plans clearly indicate a wall and I don’t think they have applied for retrospective planning, although they would most likely get it passed. I’m absolutely seething. How can he just change stuff on a whim and his opinion is the final say. My contract states the following
The seller may find it necessary to change some of the elements of design or construction, if this is the case then
1. Any suitable materials will be of similar appearance and no less quality than those being replaced
2. They will not reduce the market value of the property
3. The seller will notify the buyer of any changes as soon as practically possible.

I would write a very polite email to the builder MD, referring them back to their own T&Cs.

State that you have observed that they appear to have put up a fence around the boundary, and that as the plans clearly show a brick wall, you will assume that this will be a temporary feature and be replaced with a brick wall before completion, as they did not make this very clear during your recent discussion, and you would appreciate it if they would clarify this.

You could then point out that the walled garden was a feature that attracted you to the property, and as per their own terms and conditions, and changes will have a similar appearance, which is not the case at the moment.

We have a mostly walled garden which was a huge selling point for us! The cost of a 6ft wall compared to that of a fence is quite a difference, so it would also go against their second term about reducing the value.

Mgman1965 · 27 December 2017 at 4:07PM

Life of cheap fence in UK climate, 5-10yrs before needing complete replacement.

Life of well built brick wall in UK, 25-30yrs possibly more before needing repointing.

I certainly wouldn't be happy with the change.

Hollydog01 · 27 December 2017 at 5:57PM

Thank you all for your replies. It’s heartwarming to read all your thoughts and advice.
I spoke to the builder Xmas eve and he made it clear this is not temporary fence. The fence is up and that’s how it’s going to be was his reply. Knowing him he won’t budge an inch.

What are my rights as I’ve exchanged. I presume he cannot put the plot back on the market? He is very intimidating and I feel I’m out of my depth and he knows this. I presume he can make things very awkward as the house is still being built. I would expect to legally complete end of Jan.

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Builder deviating from plan

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