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  • FIRST POST
    • Ktizzle
    • By Ktizzle 18th Oct 16, 6:16 PM
    • 10Posts
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    Ktizzle
    Planning Portal Elevations (Planning Permission) New Build
    • #1
    • 18th Oct 16, 6:16 PM
    Planning Portal Elevations (Planning Permission) New Build 18th Oct 16 at 6:16 PM
    Hi guys,

    I was wondering if someone could help.
    My partner an I are in the process of buying a New Build house (H2B scheme).
    It is an end of terrace house. On the 1st floor bathroom there is no window, but there is a window shown on the elevation planning drawings and on the sales brochure. There is a window installed in the bathroom in the identical house at the other side of the terrace. Clearly, I understand that there would not be a window if it was a mid-terrace.

    Please could someone help me to establish if we 'have a leg to stand on' in proving that is a mistake made by the developers? We have highlighted this issue to the conveyancing team working for us and the local council who issued the planning permission for the development.

    Kind regards,

    Katie
Page 1
    • davidmcn
    • By davidmcn 18th Oct 16, 8:25 PM
    • 3,866 Posts
    • 3,439 Thanks
    davidmcn
    • #2
    • 18th Oct 16, 8:25 PM
    • #2
    • 18th Oct 16, 8:25 PM
    It should be built in accordance with the approved drawings. If it's already built then I expect the developer will ask the planners to confirm they're happy with it as built.
    • Cash-Cows
    • By Cash-Cows 18th Oct 16, 8:54 PM
    • 113 Posts
    • 93 Thanks
    Cash-Cows
    • #3
    • 18th Oct 16, 8:54 PM
    • #3
    • 18th Oct 16, 8:54 PM
    You don't need a conveyancer to check plans. Get the plans from the council along with the decision notice and check yourself. In fact I would be checking every aspect of the planning permission including making sure all conditions have been discharged.
    • Doozergirl
    • By Doozergirl 18th Oct 16, 9:24 PM
    • 22,254 Posts
    • 63,088 Thanks
    Doozergirl
    • #4
    • 18th Oct 16, 9:24 PM
    • #4
    • 18th Oct 16, 9:24 PM
    The local council won't care if there's a window missing. Not mich point having a conversation with them.

    However, there is no reason at all why a house cannot have an obscure glass window in a side elevation, so I'd go for it if I were you. It's just not built according to the developer's own plan.
    Everything that is supposed to be in heaven is already here on earth.
    • Fuzzyness
    • By Fuzzyness 19th Oct 16, 8:41 AM
    • 514 Posts
    • 371 Thanks
    Fuzzyness
    • #5
    • 19th Oct 16, 8:41 AM
    • #5
    • 19th Oct 16, 8:41 AM
    seems odd that the builder didnt put a window in a bathroom if its shown on the approved plans. is it the main bathroom for the house or an en-suite?

    how far down the process are you with buying the house? can you not state that you only want to proceed if they put the window in as per the approved plans?
    • davidmcn
    • By davidmcn 19th Oct 16, 8:44 AM
    • 3,866 Posts
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    davidmcn
    • #6
    • 19th Oct 16, 8:44 AM
    • #6
    • 19th Oct 16, 8:44 AM
    can you not state that you only want to proceed if they put the window in as per the approved plans?
    Originally posted by Fuzzyness
    I think it's unlikely that they'll go back and put a window in. Like I said, if you want the build and the planning to correspond, easiest solution is for the planners to vary the consent.

    If the OP has already exchanged and the contract says something unusually specific about what the design is to be then they might have a case to demand that the window is added. But usually there is quite a bit of leeway for variations.
    • Fuzzyness
    • By Fuzzyness 19th Oct 16, 11:13 AM
    • 514 Posts
    • 371 Thanks
    Fuzzyness
    • #7
    • 19th Oct 16, 11:13 AM
    • #7
    • 19th Oct 16, 11:13 AM
    I think it's unlikely that they'll go back and put a window in. Like I said, if you want the build and the planning to correspond, easiest solution is for the planners to vary the consent.
    Originally posted by davidmcn
    the OP says the approved plans have the window on them but now its been built the builder hasn't put a window in. no need to change the planning permission or the approved plan - its the house that needs changing and i agree its unlikely that they would go back and put a window in now. there wouldn't be anything stopping the purchaser putting one in in the future but why would you buy a new house that needed this doing to it?
    • ToasterScheme
    • By ToasterScheme 19th Oct 16, 1:25 PM
    • 55 Posts
    • 51 Thanks
    ToasterScheme
    • #8
    • 19th Oct 16, 1:25 PM
    • #8
    • 19th Oct 16, 1:25 PM
    We bought a new build some years ago where a window got forgotten.

    It was a small local builder and he wanted to complete so basically said 'you promise to exchange by such and such and we will go back and install the window'.

    We were perfectly happy with that so they went back. It was all done in less than a day and there was absolutely nothing to suggest that the window hadn't been there since day one - it was an excellent job, perfectly matched with all the others.

    [This was in a garage though. In a bathroom there will be internal decoration to fix up too. Should not be too difficult though]

    I guess it depends how keen the builder is to complete the sale quickly.
    • Ktizzle
    • By Ktizzle 20th Oct 16, 2:48 PM
    • 10 Posts
    • 7 Thanks
    Ktizzle
    • #9
    • 20th Oct 16, 2:48 PM
    • #9
    • 20th Oct 16, 2:48 PM
    Thanks guys.
    Our solicitor has said that it is best that we approach the developers prior to completion and highlight the issue, as they "may" be able to resolve by putting a window in, or discounting the asking price - neither of those seem likely to me as getting anything out of the developers is harder than getting blood from a stone!

    I have e-mailed NHBC, but they are unable to help as we are not yet the legal owners of the property and advised to contact the council and the developers as this is a contractual issue.

    Surely, if they had forgotten to put a window in a bedroom we would have a case - but as it is the bathroom - they can get away with saying that suitable ventilation is in place. Hmm... How do we know if it is really suitable?

    Many thanks for your help and I will keep you all posted.
    • Ktizzle
    • By Ktizzle 20th Oct 16, 2:50 PM
    • 10 Posts
    • 7 Thanks
    Ktizzle
    We are still quite a way off, our solicitor has begun the searches and we have a target exchange date of 28th October.
    Many thanks
    • davidmcn
    • By davidmcn 20th Oct 16, 3:26 PM
    • 3,866 Posts
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    davidmcn
    but as it is the bathroom - they can get away with saying that suitable ventilation is in place. Hmm... How do we know if it is really suitable?
    Originally posted by Ktizzle
    In the same way that you know whether everything else in the house meets building regulations. I think these days they need to have a fan anyway even if there is a window?
    • Doozergirl
    • By Doozergirl 20th Oct 16, 3:29 PM
    • 22,254 Posts
    • 63,088 Thanks
    Doozergirl
    In the same way that you know whether everything else in the house meets building regulations. I think these days they need to have a fan anyway even if there is a window?
    Originally posted by davidmcn
    Absolutely. The fan is signed off as part of the inspection process and the standards don't drop for rooms with windows, as it should be assumed that the windows are closed.
    Everything that is supposed to be in heaven is already here on earth.
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