New build, plot does not match builders plan? Legal Advice?

ScoobyDooo

Hi all,

I bought a new build house off plan a year ago and moved in 10 months ago.

Upon moving in, we were a little unsure, as the plan we were given showed the house as having more land than we were thought it actually did have. We queried this with the builder and they came to measure and said all was to plan etc...BUT that we actually had a slightly larger back garden.

We received a call out of the blue from the solicitor who dealt with the sale to let us know they were sending a new title plan through for us to legalise the 'bigger' garden.

Upon inspection of this new plan, I have finally realised why it doesn't feel as big. The house is actually much closer to the road than intended. 2 meters instead of 4. The plot is also a total of 14.25m wide, instead of 16.75 originally. The back garden is however 0.75m longer (on one side) than intended. The plan shows us as having the same overall m2 as originally intended (funny that!), but in reality it doesn't.

QUESTIONS-

Have I, by virtue of owning the property for 10 months, accepted this?

Even if I haven't, do I have any redress? They can't exactly move the house for me!

So even if I were to prove they have not built to the plan I signed up for, what should I be seeking (if anything!)?

P.S. As an aside, this has taken the house from having the most desirable plot to having a less than average plot, mainly as it's so close to the road.

G_M

ScoobyDooo wrote: »

QUESTIONS-

Have I, by virtue of owning the property for 10 months, accepted this?
Yes
Even if I haven't, do I have any redress? They can't exactly move the house for me!
You could try suing the developer for misrepresentation? Good luck with that. Let us know how it goes!
So even if I were to prove they have not built to the plan I signed up for, what should I be seeking (if anything!)?

P.S. As an aside, this has taken the house from having the most desirable plot to having a less than average plot, mainly as it's so close to the road.

At the time of purchase, your solicitor (I assume you used one) would have forwarded you a copy of the Titile documents to check. These would have shown exactly what land was included in the sale.

If it was different to the plans you'd been shown by the developer, or any other Plans you'd seen, that was the time to query it.

MX5huggy

Contact your local planners, they could decide its unauthorised building and force you to rip it down. On second thourghts don't do that.

ScoobyDooo

G_M wrote: »

At the time of purchase, your solicitor (I assume you used one) would have forwarded you a copy of the Titile documents to check. These would have shown exactly what land was included in the sale.

If it was different to the plans you'd been shown by the developer, or any other Plans you'd seen, that was the time to query it.

Hi, thanks for the reply.

The original title deed does show the correct size as per the plan. The plot looks, from the ground, very similar to this; it is identical in shape, but not in size. It is the developers who are now asking that I sign a revised title, with less land...

Also, the plot size was queried with the builders very soon after moving in, but they measured and said it was to plan.

By my calculations, we're looking at about 60 m2 difference.

G_M

If

The original title deed does show the correct size as per the plan.

then that is what you agreed to buy.

The next bit I don't understand. In your first post you said:

We received a call out of the blue from the solicitor who dealt with the sale to let us know they were sending a new title plan through for us to legalise the 'bigger' garden.

But now you say

It is the developers who are now asking that I sign a revised title, with less land...

So are you being offerred a new Title with more, or less, land....?

ScoobyDooo

G_M wrote: »

So are you being offerred a new Title with more, or less, land....?

Thanks again.

The back garden was accidently made 0.75 longer on one side, so they have sent this new plan to ensure that the bigger garden is shown. They say they are doing me a favour by letting me keep the garden.

BUT on the original plan, it had a strip of garden 2.5m wide and 20m long down the side of the house, outside of our fence, but inside our boundary. (this was fenced off until a couple of weeks ago as it was still part of the building site). On the new plan, this strip of land has vanished, as they have built the road too close to the side (the road and pavement are still not actually finished).

So, in essence, I have lost a lot more than I have gained.

I will read the missive, they may have a clause which allows them to alter whatever they want without telling me. Can they invoke this retrospectively though?