Off-plan not built to advertised plan

moneyistooshorttomention

Hope this works out for you.

I too always assume when I see a plan like that that the windowless wall will be the party wall.

The builders are definitely trying to "play fast and loose" if things are any different to that plan shown, as I cant even begin to think just how they figure the house could now be and nor would most other people.

As for a bathroom without a window !!!!!!! I'm not even sure if its legal any more to call something a room if it doesn't have a window? (would need to check to be sure on that). How on earth would you open the bathroom window to let out steam if there wasn't one there? (an extractor fan I suppose...but that's not the same at all). How on earth would you be able to use the bathroom window as a fire escape if need be if there wasn't one?

I've lived in a flatlet before now that didnt have a bathroom window (it was just an extractor fan instead and no 2nd way out). But then, that flatlet only had 2 possible exits anyway, ie its front door or out onto the balcony and clamber down somehow). It wasn't a house and it wasn't mine and I wouldn't tolerate the set-up you are describing personally.

Good luck.

comeandgo

"I assumed" - therein lies the problem. Regarding window less rooms, one of my shower rooms does not have a window - we have an extractor for steam and a light switch for light. I have actually stayed in a hotel room that has no windows so cant think that it is illegal.

moneyistooshorttomention

Illegal for an EA to actually call it a room unless it has both a window and a door though I think?

Hence it wont be illegal for it to actually BE that way...but buyer has arranged to buy this place on the basis that the bathroom is a "proper" room and I would be arguing on that point in OP's position (ie that that space might function as a bathroom, but wouldn't be a "proper" room because of no window/fire escape). Didn't explain myself too well...

spikeachu

comeandgo wrote: »

"I assumed" - therein lies the problem. Regarding window less rooms, one of my shower rooms does not have a window - we have an extractor for steam and a light switch for light. I have actually stayed in a hotel room that has no windows so cant think that it is illegal.

Yes, assuming is probably not the best thing to have done. However, it is not illegal. Withholding information that is likely to affect an average consumer's decision making is an offence under the Property Misdescriptions Act.

Considering I've never walked into a house with windows looking through the party wall into the neighbouring property, I think it was a fair assumption to make in this instance and a conclusion that an average consumer would have arrived at given the sales materials available.

2nd_mortgage

I am hoping to exchange/complete next week (if anyone can manage to contact my vendor). When I was looking for a house, a window in the toilet/bathroom was very important.

We saw quite a few houses that had a windowless downstairs toilet & we wouldn't consider it. So I think OP is well within their rights to feel cheated by this change.

Wyndham

Is the adjoining house the same i.e. has it lost windows too? Or do you actually have windows into next door? Are there any other houses like it on the site and are they the same? It just seems so odd, and I wonder if they made a mistake with yours - if there are others like it/not like it then that adds to your case.

spikeachu

Wyndham wrote: »

Is the adjoining house the same i.e. has it lost windows too? Or do you actually have windows into next door? Are there any other houses like it on the site and are they the same? It just seems so odd, and I wonder if they made a mistake with yours - if there are others like it/not like it then that adds to your case.

The adjoining property is a mid-terrace in a block of three (but of a different design to ours) and wasn't advertised with side windows, for obvious reasons.

The property I have purchased is designed as an end terrace. The other blocks of three which have been built all have windows on the three outside walls. It is just our block of three which is different.

Hopefully this image will help describe the format of the properties.

keepmoat.com/sites/default/files/Falstaff_the-Loxley-_HT-B_2011.jpg

Rain_Shadow

http://www.keepmoat.com/sites/default/files/Falstaff_the-Loxley-_HT-B_2011.jpg

DRP

spikeachu wrote: »

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

Perhaps this comes down to planning permission? For example the builders, in hindsight, realised the windows would be prohibited as they overlook a neighbouring property? Or the plans for neighbouring properties has been changed, necessitating a change in your property?

OP, please keep us updated when you hear back from the builder.

JQ.

Whilst changing the plans is unacceptable, the design that is has now been built to is exactly as the vast majority of semi-detached houses are built in the UK. The entrance doorways are almost always at opposite sides of the house and lounges and dining rooms are placed against the Party Wall, without side windows.