New build after sales: builder made unauthorised changes

Je55lay

I wonder if anyone has had the same issue.

We bought our new build house last year, completed and moved in in August 2016. We were told during the sales process that our garden would have "a slight incline and one or two steps" and we were shown a plan where the sales woman pointed to where the slope would be and the two steps. We accepted this and paid our reservation fee.

As our mortgage was going through we were hounded on a weekly basis by Persimmon stating that the house was complete and ready to move into and that if we didn't complete before a certain date they would sell it to someone else.

Long story short, The day we moved in we saw the garden had a 4ft steep slope, 6 steps, a bannister and a safety fence at the top of the slope which effectively dissected our garden. The garden (and slope) was also completely turfed. Something we didn't want. We complained during our home demo and were told that everyone on our row had the same problem and had also complained. We were told that someone would "contact us shortly". No one contacted us. About 3 weeks after we moved in, we returned home from work to find that Persimmon builders had entered our property while we were out. The fence had been moved and the slope had been dug out and a two tier retainer wall had been installed. We had no idea this was going on, nor were we asked if that's what we wanted. We called Persimmon but of course their office was closed. The next morning, we woke to find builders already in our garden continuing to dig it out. We were livid. We tried asking them what they were doing but they didn't understand English. They did understand the word "stop" however, because they downed tools and left.

Every complaint, every phone call, every email we sent since then was totally ignored by Persimmon. We were left with a gaping hole underneath a sloped fence because they had dug out tonnes of earth and we had 2 landslides in the garden after heavy rain. Despite this, and despite our garden being left like a building site, Persimmon have refused to do anything. They now say if we have a problem with what they've done, we have to take the issue to the NHBC.

We called the NHBC who said it was not in their remit because our issue was with the sales process and aftersales, not with any of the building work. They sent us an application form for the consumer code independent complaints process.

Has anyone used this process and succeeded? We have to pay to make a claim and I just wonder if it's worth it. Are we not just going to get fobbed off by these guys, the same as Persimmon and NHBC have already fobbed us off? Any help or advice would be greatly appreciated!

[Deleted User]

I would instruct the lawyer who acted for you when you purchased the house to follow this up with the builders for you.

anselld

There are a limited number of ways a change in level can be dealt with, they cannot just make it go away.

What is it you actually want them to do? Have you told them what you want?

moneyistooshorttomention

Could you hire a firm (making sure you get 3 quotes and pick the middle one) yourself to get your garden the way you were promised it would be.

Followed by taking the builder to small claims court to recoup the bill for that.

(Obviously send them a letter first - recorded delivery - explaining your exact requirements as to how the work is to be done and rejecting alternative plans for the garden. In that letter give them, say, 2 weeks in which to come and amend the garden to be as they stated). So - you've covered yourselves for giving them a fair chance to put things right themselves.

That's assuming you have proof in writing of how the garden is supposed to be - rather than a "your word against theirs" situation and they would doubtless lie.

EDIT; There is the question obviously of, if they told you the house was "complete and ready to move into", as to why you didn't check to see that the garden was as promised during the pre-move inspection you did (errr...you did do that did you?).

AdrianC

anselld wrote: »

There are a limited number of ways a change in level can be dealt with, they cannot just make it go away.

Quite. I find it hard to believe that the first time the OP saw the actual plot was on the day they moved in.

baldelectrician

I presume this is not in Scotland- I understand that up here steps are not permitted to a new build when entering as all new homes must be disabled accessible (I think this came in for all new dwelling permissions after October 2010)


http://www.gov.scot/resource/buildingstandards/2013Domestic/chunks/ch05s02.html

teddysmum

People were grumbling about turf, yet most buyers of new builds are left with a plot of weeds and rubble to sort themselves, unless it was a show house or they paid extra.

Je55lay

No, we're not in Scotland, and our issue isn't with the turf. Our issue is the fact that 3 weeks after we moved in to our apparently "complete" house, they trespassed on our property and undertook substantial works to the garden without our knowledge or consent. They installed a retainer wall which we have now been told we have to maintain yearly and replace every 15 years at our cost - a wall that we never signed off on, nor was it ever in the plans. A wall that they built while we were out at work. We also have to pay for the fencing to be repositioned because they've left a gaping hole at the bottom where it was sat on a slope that is now no longer there. We've had landslides in the garden and Persimmon tell us it's our problem.

We visited the site twice before completion. First to make the reservation, where we were taken around the showhome. The section of the development our house was in was fenced off so we couldn't view it. The second time we were told that the site manager had the keys and in any event we would need hard hats to access that area and they didn't have any available.

The pre move inspection (this was called a home demo) was done on completion day, while the van full of our belongings was sat outside on the drive. This was the first time we saw the garden. We complained during the home demo and the sales representative acknowledged there was a problem with the entire row and said that someone would contact us to discuss it. No one ever did. We returned home from work to find they had dug it all out, left it as a building site and installed a wall that we now have to pay to maintain and replace that was never in the original plans.

I would therefore be claiming for the cost of maintaining and replacing the retainer wall - several thousands of pounds every 15 years, and I'm also claiming that, because the home was specifically marketed as a "home for life" i.e. disabled friendly, they have breached the contract in not providing a disabled friendly garden. I just want to know whether the consumer code complaints process is independent and worthwhile or whether they will just take Persimmon's side. We have the original plans proving there was never meant to be a retainer wall, nor 6 steps, a bannister or a safety fence.

ProDave

If I am reading this correctly, they said the garden would be landscaped with a slope, and 2 "steps"

When they came to install the 2 retaining walls to make the 2 steps, you told them to !!!!!! off?

And now you wonder why your garden is unfinished?

Please correct any bit of that I have miss understood.

moneyistooshorttomention

If I were told there will be "two steps" then two steps is exactly what I would be visualising - so I agree with OP on this. One only visualises retaining walls if one is told there will be "retaining walls".

I wouldnt want a retaining wall either and would be distinctly upset if I hadnt been told there was going to be one.

I've certainly seen gardens with "a slope and two steps" and no sign of a retaining wall anywhere.

AdrianC

Je55lay wrote: »

No, we're not in Scotland, and our issue isn't with the turf. Our issue is the fact that 3 weeks after we moved in to our apparently "complete" house, they trespassed on our property and undertook substantial works to the garden without our knowledge or consent. They installed a retainer wall which we have now been told we have to maintain yearly and replace every 15 years at our cost - a wall that we never signed off on, nor was it ever in the plans. A wall that they built while we were out at work. We also have to pay for the fencing to be repositioned because they've left a gaping hole at the bottom where it was sat on a slope that is now no longer there. We've had landslides in the garden and Persimmon tell us it's our problem.

We visited the site twice before completion. First to make the reservation, where we were taken around the showhome. The section of the development our house was in was fenced off so we couldn't view it. The second time we were told that the site manager had the keys and in any event we would need hard hats to access that area and they didn't have any available.

The pre move inspection (this was called a home demo) was done on completion day, while the van full of our belongings was sat outside on the drive. This was the first time we saw the garden. We complained during the home demo and the sales representative acknowledged there was a problem with the entire row and said that someone would contact us to discuss it. No one ever did. We returned home from work to find they had dug it all out, left it as a building site and installed a wall that we now have to pay to maintain and replace that was never in the original plans.

I would therefore be claiming for the cost of maintaining and replacing the retainer wall - several thousands of pounds every 15 years, and I'm also claiming that, because the home was specifically marketed as a "home for life" i.e. disabled friendly, they have breached the contract in not providing a disabled friendly garden. I just want to know whether the consumer code complaints process is independent and worthwhile or whether they will just take Persimmon's side. We have the original plans proving there was never meant to be a retainer wall, nor 6 steps, a bannister or a safety fence.

I bet that original plan said it was subject to change.

So you didn't once see the plot before move-in.
When you did move in, you didn't like the way the garden had been landscaped, and complained.
Then, when they came to change the way it was landscaped... you complained and told them to leave.

And you're hoping to get them to pay for future maintenance costs for decades to come?

Quoted for posterity, because I can see a tantrum of post-deletion coming when this doesn't go the way you want...