Builder changing plot after exchange of contract

giraffe69

what do your plans say, as this is what your thought you was buying, start sueing

Bit early for that. Allow the solicitor time to find out and then attempt some remediation. The law here should be the last resort not the first.

Okydoky25

Is your (now the neighbours space) right outside your property?
If so beware as it's not just the inconvenience of you not being able to park there you do you know what they are parking there. Could be a transit! They can sit in it with lights blaring through your windows all night or be a mechanic working on cars all day.

freeisgood

Just think of all the hundreds of times you will have to unload shopping in the driving rain, heavy items, furniture deliveries etc from the space that's 10m away....personally I would be fuming!

getmore4less

Okydoky25 wrote: »

Is your (now the neighbours space) right outside your property?
.

Also how many spaces are there per household and visitors?

You need 2 spaces per property that can hold a couple + extras or the place will be overrun with cars.

Derwent

Must be Persimmon, they do this on a regular basis !

loubel

whittboy wrote: »

they didn't build enough parking spaces on the estate, our space has already been sold to our next door neighbour and they've already moved in and there's no room to build them their own space.

Thing is we've exchanged contracts so my understanding is that we now have some legal rights over that land too. The builder has offered us a different space around the corner, not ideal, just wondered if anyone knows what happens if we dig our heels in and insist that this space is ours?

You need to discuss this with your solicitor.

Usually a new build contract will include provision for plans to be amended if necessary during the build, but they often also include a restriction on the nature of changes that are allowed without the buyer's agreement.

You need to establish whether the amendments they are proposing are allowed under the contract and, if appropriate, whether you are entitled to walk away without penalty as a result of them.

You might need to get a new valuation carried out to establish whether the parking space being moved around the corner will affect the value of the property - I would imagine it would make it slightly less attractive to people on resale than a space right in front. This could also affect your mortgage offer.

Once you know your legal and financial position you can look at negotiating a way forwards.

Buzby

Just a thought..... Is the car parking space assigned, or simply a 'right to use' - ie all owners can use them, but not exclusively? Next, if the alternative space is round the corner, can you see it?

Distance is relative, if you can't spot someone stealing or vandalising it, it might as well be a public car park.

Leo2020

If you do decide to walk away you might be able to claim your costs back through the home builders warranty company as homebuilders are meant to follow the Consumer Code for Home Builders. This might be an easier option than court.

http://www.consumercodeforhomebuilders.com/

whittboy

New space is still visible and it is assigned parking with several spots kept for visitor parking, they're suggesting changing one of the visitor bays into ours.

I'm also slightly concerned that the planning application which I found on my council's website, submitted way back in 2005 shows all of the bays clearly marked and numbered, is there a chance that since my plot has changed from this there may be a problem with the planning permission should I come to sell?

moneyistooshorttomention

That was nice of them (not!) to set you up for conflict at the outset with the neighbour:eek:

Personally, I would be checking out the plans and that my space was down as being "MY space" and then insisting on it. Tough blimmin' luck that they would have to refund the neighbour for their "purchase" and possibly have that neighbour trying to sue them for breach of contract or something. That's their problem (ie the builders).

Its not YOUR problem, because it IS your space and I would claim it personally (even though I'm not a car-owner). I would be parking an old wreck of a car on my space to make sure that I was the only one that could use it and let the neighbour and builder fight it out between themselves.