Off-plan not built to advertised plan

spikeachu

Hi,

I'm after some advice on how to proceed. I have reserved a property off-plan. The build is as yet incomplete, but enough progress has been made to identify a major discrepancy in the plans I was shown vs the actual build.

The property is semi detached and the plans show windows on 3 sides. Like almost anyone I have spoken to about this, I assumed that the side without windows would be the party wall, adjoining the neighbouring property.

It has become apparent that the property has been flipped, so that the wall without windows is now external, and the wall opposite, where windows were shown on the plan is adjoining the neighbouring property.

At no time were we made aware that this would be the case and the property now has 37% less windows than the plan, which I feel is a significant fact to hide. I was among the first people to reserve a property on this development, so had a choice of numerous plots.

I have skimmed the Property Misdescription Act and Consumer Protection Regulations and I believe I would fall into the category of an average consumer and would not have chosen this plot had full facts been made available.

I am awaiting a response from the developer as to what, if anything, they are prepared to do about issue, however, I would appreciate advice on what people feel would be an acceptable outcome or what the developer is likely to offer.

All other houses on the development of the same design have been built to the advertised specification, just the plot that I picked is different with no obvious reasoning.

Thanks in advance.

For reference, the plans provided are here; (Sorry, can't post links)

keepmoat.com/sites/default/files/HTB_First_Floor_Plan.jpg

keepmoat.com/sites/default/files/HTB_Ground_Floor_Plan.jpg

RAS

http://www.keepmoat.com/sites/default/files/HTB_Ground_Floor_Plan.jpg

http://www.keepmoat.com/sites/default/files/HTB_First_Floor_Plan.jpg

I assume that this is what you thought you were buying?

spikeachu

Hi Ras,

Yes, that is what we thought we were buying.

In my mind, logic would suggest that the wall without windows would be the party wall. Not the opposite wall, which is how it has been built.

Angie_B

I don't have any real advice to offer but I definitely agree that by reducing the number of windows, the builder has reduced the value of the property. In particular what now jumps out at me is there is no window in the bathroom any more (I assume?). This would annoy me greatly if I had signed up for what is shown on the plans.

Have you spoken to the developer about it? What have they said?

spikeachu

Hi Angie,

Thanks for the reply. You are correct, there is no window in the bathroom. A solartube is an option for this, but obviously I'm not happy about spending cash on a new build.

The length of the kitchen and lounge totals 10m (5m each approx) and I am also concerned that the lack of windows will make the place dark towards the far end of each room. The remaining windows are on an East-West orientation, and although the missing windows would have been North facing, the difference in light would be noticable.

I am speculating as I haven't had access to the property yet to check this out.

I have contacted the developer on Sunday evening by email once I discovered this issue. But due to Bank Holiday and the site being closed on Tuesdays and Wednesdays I haven't yet had a response.

littlesparkles

I recently bought a new build off plan from another builder. My house is 'flipped' from the type of sales plan you posted. However when I reserved the property I was asked to sign a number of documents in the sales office. One showed the actual plan of the whole site with codes for different house types. So my house was labelled with name of house type - opposite. The key explained the abbreviations. Could it be that you signed something like this too? I signed this one along with several others including one about lamp posts etc. I went back to study them after the initial excitement had worn off!

Lionel_Thinkbag

That sucks. How can they think that is acceptable? Is it a genuine mistake or are they being money grubbing swines?

In any case you're not getting what you have paid for. At the very least I'd want them to reduce the price accordingly. Sorry I can't be of more help.

spikeachu

littlesparkles wrote: »

I recently bought a new build off plan from another builder. My house is 'flipped' from the type of sales plan you posted. However when I reserved the property I was asked to sign a number of documents in the sales office. One showed the actual plan of the whole site with codes for different house types. So my house was labelled with name of house type - opposite. The key explained the abbreviations. Could it be that you signed something like this too? I signed this one along with several others including one about lamp posts etc. I went back to study them after the initial excitement had worn off!

Definitely not. The only things I've signed are a reservation form which states the plot number, the house type and what is included in the sale (appliances etc.) and a disclaimer for vinyl flooring saying that they won't warrant it in the event of ripping or bobbling through moving furniture.

I get the whole thing that the layout can be flipped to accommodate which end of a terrace it is on, but this hasn't been done in the case of this property when it would have been appropriate to do so.

littlesparkles

I also 'lost' a window due to my garage being positioned differently to the other houses. The builder explained this to me at some point after reservation and I was asked to accept it or I could have my reservation fee returned if I no longer wanted the house. I probably could have pushed for some money off but that window wasn't a deal breaker for me. Seeing as you haven't exchanged I would guess they will offer to refund your reservation fee or maybe offer a discount. Hope it works out!

harrys_dad

Seems to me they have built the house wrongly. Have they actually put windows in the party wall?

cootuk

Maybe they will give you a reduction for the curtains you won't need :rotfl:

You really need to go see the site manager and sales people.