Developer significantly changed transfer plan after exchange...

Jon_B_2

Hi all,

Exchanged contracts on a new build that will be completed in November a couple of weeks ago.

Originally all the plans included a garage next to a parking space in a little cul de sac which was what appealed about this particular plot.

The revised plan apparently at the behest of the fire authorities required a turning circle created to service a block of apartments nearby. The only solution was to move our parking space to opposite our house, which is fine, however now this turning circle has meant that it links with our cul de sac and has created a thoroughfare.

I have sent an email to the solicitor requesting a physical barrier be included in a revised plan, but I'm not sure where I stand legally now i've exchanged contracts as it is highly likely we would have pulled out had this been the original plan or revised before exchange.

Any advice or experience greatly appreciated.

davidmcn

What does your contract say about amendments to the development plan? Generally they give themselves plenty of leeway to move things around.

Jon_B_2

Thanks,

I'll need to dig out the contract which is currently in boxes as we have just moved to temporary accommodation, but I do remember clauses detailing that minor adjustments to the specification of the house can be made, but this is neither the specification of the house, nor IMO is it minor. I suspect legally I have little recourse, but would be interested to hear if anybody else may have come across this?

ethank

This sounds iffy in my opinion as the fire authority would have commented during the planning process. They could not have demanded this change after planning was approved.

They either sold you something that they did not have planning permission to build, or the plot adjoins a different phase under a different planning reference and that has not yet been approved or they are not telling the truth.

I think you should try and find out all of the info on the local authority planning portal as it just does not sound true what they are saying to you.