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Builder trying to change house 1 year later
Comments
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Your contract for your purchase probably says that the developer was meant to build in accordance with the planning consent. Which they're now sorting out. You might be entitled to compensation if they didn't do the work...0
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Highly unlikely they would impose a fine but they can enforce the planning permission, think your self lucky that the developer is carrying out this work as ultimately it is you that is now responsible and the council could force you. to comply.
Your solicitor should have checked that the planning permission had been complied with, before you bought.
As G-M said let them do it and then change it yourself.
So every single person's solicitor on the street then!!0 -
technically yes, it is yours via your solicitors duty to make sure that the property that you buy meets all regulations.
Admittedly this this one is a bit more tricky, the difference between fencing and railings is quite slight.
But my point is that the ultimate responsibility now lies with you and the fact that the developer is making alterations, would suggest that there is sufficient interest in the non- compliance0 -
Can ANYONE answer my question - what happens if my next door neighbour refuses to let the developer make the changes???0
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Then collectively you'll face the risk of enforcement action from the planners.Hutch100uk wrote: »Can ANYONE answer my question - what happens if my next door neighbour refuses to let the developer make the changes???0 -
there is no point getting ANNOYED that people on here cannot answer your legal question. You say you are selling so why aren't you discussing this with your solicitor - it is to them that you should direct legal questions.Hutch100uk wrote: »Can ANYONE answer my question - what happens if my next door neighbour refuses to let the developer make the changes???
you have already been given the best advice you can get in post #2
as for "demanding" compensation - what a world we now live in where the immediate reaction to a problem is "I want compo"0 -
Hutch100uk wrote: »Can ANYONE answer my question - what happens if my next door neighbour refuses to let the developer make the changes???
First off, YOU should allow the builder to change YOUR fence into a railing. Then YOU are okay.
If a neighbour refuses to have his fence changed to a railing, then HE risks planning enforcement action against HIM by the council.
OR are you saying that if one neighbour refuses then the builder will not change ANY of the fences? If that is the case then you could all face planning enforcement action.
Speak to you builder and ensure he knows you are happy to have the fence changed.0 -
Hutch100uk wrote: »Can we demand compensation from Builder???
Yes, you can demand compensation if you have made a quantifiable loss.
But first, you need to lose that money.
Then, you need to have an expert assessment of the loss.
Your 'demand' might well be ignored or contested by the builder, so if you were unhappy with their response, you'd have to take the matter to court, where the outcome could not be guaranteed.
As you can imagine, with the fees you might rack-up prior to receiving any compensation, and the time it might take, this course of action wouldn't appear terribly attractive.0 -
There is only one fence between our house. If my neighbour refuses then the builder won't be able to do it!!!!
THIS is my concern.0 -
Yes, you can demand compensation if you have made a quantifiable loss.
But first, you need to lose that money.
Then, you need to have an expert assessment of the loss.
Your 'demand' might well be ignored or contested by the builder, so if you were unhappy with their response, you'd have to take the matter to court, where the outcome could not be guaranteed.
As you can imagine, with the fees you might rack-up prior to receiving any compensation, and the time it might take, this course of action wouldn't appear terribly attractive.
As usual the incompetent builder gets away with it!!!0
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