Can you sell a house with no Section 38?

Sheep

We bought a new build 15 months ago from a small builder. They are a nightmare.

We have just found out there is no section 38 agreement with the council. The roads are all u finished and only 4 more houses to sell.

I know exactly what is going to happen. The 4 houses will sell and the builder will vanish. They are telling me they have no intention of finishing the roads just in case anothet builder wants to add another phase to the estate (originally they were going to do 2 phases but now have fingers in other pies).

What can we do about this? Will it mean we can never sell the houses again?

Would a section 38 have been agreed in the planning permission?

Any advice would be appreciated

Thanks

AdrianC

Plenty of estates have roads that are unadopted. But you can check the planning permission for the development online to be sure.

B'sides, until the roads are up to local authority standard, the LA won't even consider a request for adoption.

Cakeguts

They won't finish the roads until the development is completed. Phase 2. Road like this are one of the risks of buying a new house on a new development. There are risks involved with buying a new house. Living on a building site is one and the house losing value is another.

Sheep

Thanks for the comments.

Just just to clarify....

Would it be normal for builder 1 to walk away from the site with the roads u finished and no agreement with the council because there is a chance a builder number 2 may come along at some point in the future?

Secondly... if the above does happen will a buyer be able to buy my house with no section 38? Will there be issues from a lenders point of view or solicitors point of view?

I did look for the planning permission online however i cannot find it

AdrianC

Whether the builder finishes the roads or not is completely separate from any potential future adoption of the roads.

Sheep

Oh.. how come?

lincroft1710

Plenty of houses on permanently unadopted roads.

AdrianC

Because there are a hell of a lot of unadopted roads on various developments around the country.

If you were insistent on only living on an adopted, LA maintained road, the time to be asking that question was before purchase - but the answer would only have been whether that was their intent at the time. As Cakeguts says, that's one of the risks of buying in a new development...

To be adopted, the road needs to be constructed to LA standards, and adoption will usually be delayed for a period after the road is completed, in case of problems with the construction.

https://www.gov.uk/government/publications/unadopted-private-roads
https://www.designingbuildings.co.uk/wiki/Section_38_agreement_-_adoption_of_highways

Your question is not one of adoption, but one of when it will be completed. And the answer to that is "after phase 2"...