New build disaster

Mrs_Gibbo

Put down a large deposit and exchanged contracts on a new build flat a year ago. Flat should be complete in early January. We were able to get in and see inside last week. There are two major building issues that really concern us. The balcony has been built 12/13 inches above the living space. A huge step up. Not only difficult but also not pleasing to the eye. Also concerned about flooding if heavy rain. We were expecting to just walk out onto the balcony and as we are buying for our old age are worried this will become a serious problem in years to come.
Second issue is that in the 'snug' the finished room does not resemble the plan. No skylight, and a very strange arrangement to accommodate the sloping roof. :We were both struck dumb as to how ugly the room looked.
The builders are 'looking' into our issues but are not sure they will be able to resolve them to our satisfaction.
My question is:- if they cannot rectify the problems to our satisfaction would we be able to pull out and get our deposit back? We are pretty sure they have made a big error in the construction of the balcony as no other properties on the development appear to have this problem.

AnotherJoe

IANAL but I'd consult one if the developer refused to give me my deposit back.

michelle2008

That sounds very stressful. For a purchase of this value you should speak to your solicitor immediately. They will be able to review the conditions in the contact to see where you stand.

It does seem very odd. I hope it works out

Mrs_Gibbo

Have contacted solicitor but they are soooooo slow at responding. Feeling very frustrated.

steampowered

In that case it might be time to speak with another solicitor.

If you chose a cheap conveyancing factory to do the conveyancing job, that might not be adequate.

Tygermoth

We went to view our new build house and discovered that they had miss judged the incline of the hill it was on. In light of this the drive was higher up the side of the house than expected.

So they couldn't put the back door, gate or side fence in as the drive was too high ( i also think it was above the damp proof membrane)

We hadn't exchanged (we were right at the point of doing it) but we had paid fees and also for a load of extras.

After they confirmed they were not looking to make it right and basicaly told us to suck it up. We advised the change was extensive and i would take the matter as far as i could they agreed to refund in full.

that house is still not built beyond where it was when we noted the issues. It could be that its now such a poor design that no one wants to buy it (after the sales woman telling us that it was our loss as it would sell in a day) - or as i reported them to the planning office for deviating from the plans as well as breaking some local planning regs they are having to fight it and cant build till its resolved. I am inclined to think its the latter as the four affected houses are the ones not being built

Davesnave

Mrs_Gibbo wrote: »

Have contacted solicitor but they are soooooo slow at responding. Feeling very frustrated.

These aren't be the solicitors recommended by whoever arranged the sale of this property, are they?

If there is a serious deviation from the plans, and you have those plans, then you need face to face advice regarding realistic options, both from a legal perspective and a practical one.

You can always hire a surveyor of your own, if advised that you may have a case regarding breach of contract.

davidmcn

Mrs_Gibbo wrote: »

Have contacted solicitor but they are soooooo slow at responding. Feeling very frustrated.

Well, people here can give fast responses, but not very informed ones without seeing your contract. What does it say about the specification and variations to it?

Hoploz

A step up to the balcony sounds like a big hazard to me, and your concerns about water run-off are fair. Have the builders put in any sort of drainage to combat this?

I think I might phone the council building inspector and try and find out whether this actually meets building control standards.