Garden Size change - anything I can do??

iwilldoitthistime

Hi there

we are buying a new home, and are due to exchange next week, and complete at the end of October.

Today when I was able to get near the build, I noticed the back garden is much smaller than I was told it would be.

I went to the site office and queried this - the girl got the plans out and said the garden should be 6m x 9m. When I signed for the house 4 weeks ago (in the presence of my parents) I was told the garden was going to be 9m x 9m - in her words 'almost square'. Unfortunately there was nothing in writing about this, but I definately remember her words, as does my mother. At the time, the house had not been started, so I couldnt actually see where the garden would be.

Is there anything I can do about this (I suspect not?)? I know its not a major difference, but as the garden is quite small, every metre counts!

thanks

headintheclouds

Hi.

Sorry you're disappointed about the garden. I know on the plans for my new house there is some wording about dimensions (for the build as a whole) being subject to variation and I suspect there is little you can do, especially if you don't have it in writing.

On the positive side, I went to the Hampton Court Flower Show in July and there were some fantastic small gardens. The biggest plots were 6x6m, which is the same size (approx) as my new garden, and it is really amazing what you can do with the space. My present garden is even smaller, so I'm full of excitement about having more space

Have a look at some small gardens books and you'll see the potential.

Hope this makes you feel a bit more cheerful. It's hard when something you're excited about seems to be disappointing, though. Good luck.

fed-up-of-this_2

I wouldn't let this lie-contact your solicitor and see what they advise

[Deleted User]

I have never bought a new build, but it seems strange that you have nothing in writing about how big your garden is going to be. Don't you have a floorplan?
'
Also, the fact that she said 'ALMOST' square surely should have rang a bell?

Doozergirl

I think they are allowed a small variation in sizes, but a 30% decrease in the size of your garden? They are having a laugh! Developers must still be subjectt othe Property Misdescriptions Act

What would you say if the house was 30% smaller! Speak to your solicitor tomorrow - if you can live with it, then it's fine, but I'd be pushing for compensation anyway. It will potentially affect the value of your house.

RHemmings

Van1971 wrote: »

I have never bought a new build, but it seems strange that you have nothing in writing about how big your garden is going to be. Don't you have a floorplan?
'
Also, the fact that she said 'ALMOST' square surely should have rang a bell?

I fully agree with this. Surely the purchaser must have had full details of the property design a long time ago. I think the OP should review all documentation they have received to see if there is any written evidence of the size of the garden. If 9 x 9, then something should be possible if the actual garden is smaller. If the documentation says 6 x 9, then much more difficult. If there really was no documentation, then there is even more difficulty.

I am not a lawyer and this is not legal advice. But a long time ago I read some legal advice that I consider wise. It said that if there is a difference between a piece of paper you are signing, and what you are being told, never sign the piece of paper. If the worst comes to the worst, the signed piece of paper will almost always be considered the true agreement. And since then I have frequently been told "don't worry about what the contract says ... what's truly going to happen is...".

PasturesNew

What is in the space that you thought would have been your garden?
Somebody else's garden?

pickles110564

Don't let them get away with it, take them to the European Court.

Mind you tell them if they dont give you your larger garden you will pull out and walk away

iwilldoitthistime

thanks for all your advice.

Unfortunately when you sign for a new house, you are not given anything with the exact size of the garden written on it. The sales person has a big plan of the entire site - which she then worked out from the scale to say my garden would be almost 9m by 9m, as I said, she described it as almost square. Now when she gets the plan out and rescales it, it comes out as 6 x 9 - not almost square by any means!

The garden is wider than my current one, but if Id known it was not as long, I would have thought twice about the house.

the bottom of my garden is someone elses garden fence, so they cant just 'extend' the garden anyway.

I will call my solicitor tomorrow and ask about it - nothing to lose I suppose!

thanks again

RHemmings

iwilldoitthistime wrote: »

Unfortunately when you sign for a new house, you are not given anything with the exact size of the garden written on it. The sales person has a big plan of the entire site - which she then worked out from the scale to say my garden would be almost 9m by 9m, as I said, she described it as almost square. Now when she gets the plan out and rescales it, it comes out as 6 x 9 - not almost square by any means!

Which company did you buy from? I'm sure that many people here would like to be able to avoid them in future.

CFC

You've not exchanged - surely you can pull out?