Off-plan not built to advertised plan

Leo2020

JQ. wrote: »

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.

I'm spikeachu's wife and as he is it work I'll respond.

It maybe the same as many semi-detached houses but that's not what we thought we were buying. Plus our current semi and many others don't have an internal bathroom. On this development the doors are on the inside wall, on all but ours anyway. Making all the Loxleys dual aspect homes. As per the website description the Loxley is "light and airy" - not so when you lose over 30% of the windows.

The rooms are significantly bigger from what we have now and the extra windows would have made a big difference. The kitchen is about 5 meters in length with only one window at the end. The majority of the units are at the opposite end of the room in an L shape. And because the window is longer than normal the room can never have units underneath the windows - so the majority of units will always be at the opposite end of the window, where it is darker.

We just don't know what to do, all the other Loxleys have been reserved so we can not change to another. We are also in the processing of selling our house and Keepmoat wanted to exchange contacts within the next few weeks. We reserved the property on the 24th May, the developer has had plenty of time to inform us - they choose not to and instead let us find out by driving past.

harrys_dad

Thanks for the update OP's wife! It does seem to me that the house is clearly not as you thought it was going to be, and that if you go ahead with the purchase you will never be happy there. I suggest you seriously consider pulling out, and use the changes to insist on getting your deposit/costs back.

There are many houses on the market, and as mentioned on many other threads here you are currently paying a significant premium for a new build. Unless you are using a scheme for mortgage that only applies to new build I think you could look at bigger and better existing houses in the same area for the same money. That would be a win win for you.

HildaM

Don't want to hijack the thread as this was not your main query, but had to comment on the following.

moneyistooshorttomention wrote: »

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?

It is certainly not illegal and is a common feature of most of the houses on the new build estate we recently moved to. Our house has 3 floors and the middle floor is laid out so the entire width of the front is a bedroom and the entire width of the back is a bedroom. As we are a mid-terrace that mean the stairs and the bathroom are in the middle of the house and obviously the bathroom has no window.
It was well worth it to us to get genuine double bedrooms for our children (and the fact that we don't use that bathroom - it is for the children only )

Ours is a 3 bedroomed house. Having seen the plans for the 5 bedroomed house (and they really AREN'T doubles!) it seemed that 3 out of the 4 bathrooms there had no window.

scottishblondie

moneyistooshorttomention wrote: »

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 woudl agree with HildaM, it's pretty normal. My flat had no window in the bathroom or the 2nd loo. My new house (4 bed mid-row townhouse) has 3 bathrooms and a downstairs loo and only 1 of the bathrooms has a window. It's never bothered me, and it certainly isn't illegal! The extractor fan does a great job of taking the steam out. Even when I lived with my parents I rarely opened the window in the bathroom, as the extractor fan did the job.

OP, have you heard from the builder yet? I fear they may say tough luck, as you haven't exchanged contracts yet, but is there anything in the reservation paperwork regarding them making changes to the house?

Leo2020

harrys_dad wrote: »

Thanks for the update OP's wife! It does seem to me that the house is clearly not as you thought it was going to be, and that if you go ahead with the purchase you will never be happy there. I suggest you seriously consider pulling out, and use the changes to insist on getting your deposit/costs back.

There are many houses on the market, and as mentioned on many other threads here you are currently paying a significant premium for a new build. Unless you are using a scheme for mortgage that only applies to new build I think you could look at bigger and better existing houses in the same area for the same money. That would be a win win for you.

But we need to use the Help to Buy. There are no other new builds in that area currently although some are being built not too far away - but these are on one of the more "posh" new build estates - where they're all detached, they might be small but detached - for people are obsessed with looking like they are better than everyone else. Although there are no prices yet I can tell they will be a lot more expensive.

Even the old houses in the area are not as big as this - and even if they were we could not afford them because we can not use Help to Buy.

We have had an email back from the woman who sold us the house, clearly as no idea what we are on about - but we were purposely vague to see if she new what we meant. We just said that the house wasn't to plan.

We have respond by asking her to go the bathroom and see how far she can open the window.

Leo2020

scottishblondie wrote: »

OP, have you heard from the builder yet? I fear they may say tough luck, as you haven't exchanged contracts yet, but is there anything in the reservation paperwork regarding them making changes to the house?

No nothing about changes. Plus it is illegal to omit/lie about the description of the house. You can go to prison and be fined for doing so. Because of this I'm hoping they might come up with a solution.

JQ.

What exactly are you hoping to achieve?

They're very unlikely to change the design of the house, as it's not just a case of sticking a couple of windows in - it would mean moving stairs, waste water pipes, electrics, etc etc.

From what you've said you've not actually exchanged so are not contractually bound to purchase the property, and have just placed a reservation fee.

You make it sound like this could be a very popular house if it came back onto the market, as it may be the only one available on the Help to Buy scheme and as such they're very unlikely to discount the price if they're also aware of this, plus house prices may have risen since you reserved it.

I'm not trying to be awkward, but you might want to be wary of highlighting prison sentences and fines to them as you may end up walking out with your reservation fee returned and the house being placed back on the market for £20,000 more.

Is there a reason you're being purposely vague with the developer? I'd just go in and have an open and frank conversation with them. Perhaps try to get a discount on the price and if that's not available then look at them doing specific finishes for you. Either that or walk away.

Bennifred

I would be very angry and upset in your position, OP, not just because of the window issue but because the change means that your main rooms will now be immediately adjacent to next door, with all the increased noise risk that implies.
I'm sorry tou are faced with this. Unfortunately developers are prone to changing things at the (seemingly) last minute. We had problems with an off-plan purchase, but not to the extent that you have. I'm not sure what I would do in your position, but I wouldn't just accept the change.
Good luck, and do let us know the outcome.

Leo2020

I never said I was going to mention prison but I'm hoping that they are aware anyway of the seriousness of omitting key information. Hopefully they are, as developers, aware of any laws that apply to them.

All the houses are available on Help to Buy on that development (the homes are classed as affordable homes so that might be why). Plus other Loxleys are being built soon just not right now. The estate isn't in the nicest area so I'm not sure how easy it is going to be to sell it on, esp. with the lack of windows compared to the others. Why buy that when you can wait and have one with windows? I defo don't think they will sell the house for another £20000 - I know the area and that is just not going to happen. Plus there are 4 beds they are selling at the moment at £155,000 which is £20000 more than ours.

The being vague thing was to see if sales adviser new about the windows - we suspected she didn't and the balls up is higher up in the chain. I would have thought someone, somewhere should have told the sales people about the lack of windows, they didn't which is why she didn't mention it to us. But after the last email I'm sure she knows what we mean.

We have intentions of visiting them on the weekend to see what can be done.

I would have thought that Keepmoat, due to the complete balls up, might be willing to come up with something but it seems the general consensus is that Keepmoat would rather tell us to bog off.

UPDATE - We have had another response but to an email we sent a few days ago about something else. I suspect she has seen our last email but now doesn't know what to say/do.

dumpallhere

You can view the plans (of all house types) approved by the council for the development on the council's planning portal. Takes a bit of time intensive searching if you do not know the planning permission reference number though. If you have / can get the planning permission reference number - child's play.

You can then view the original plans of different types (and respective plots) for which permission was granted, check if any amendments were later submitted and approved, and then judge for yourself if the builder is liable for mis-selling the plot.