Builder deviating from plan

Hollydog01

Evening all, my first post :T. If anyone could offer advice on the following that would be great.
I have bought new build which is off plan. I’ve had one or two issues with the builder but now I’ve found out that they have started putting up cheap fencing to the boundary when clearly on the plans it states a wall. I am not sure how to approach this and can they do this without informing me first? I exchanged a few weeks ago and paid a desposit. I have a feeling the builder is starting to cut corners and save pennies where he can. I picked a corner plot for privacy so the wall was a big buying feature for me and the path outside will be used as a thoroughfare so will have plenty of footfall. I think he’ll just start to bamboozle with techno jargon. My solicitor isn’t great as they don’t answer emails or return calls. Feeling a bit lost with it all.

Many thanks and merry crimbo

davidmcn

What does your contract say about the specification of what they're building? Generally contracts will give them leeway to make changes to some extent.

Unfortunately the general principle is that if you want to be absolutely certain of what you're buying, don't buy off-plan!

Hollydog01

Today I spoke to the MD of the building company who has changed the boundary wall for a cheap fence. I asked what was the justification in changing, his reply was that in his opinion a fence would look better than a wall and that is the end of it. No apology, nothing. The plans clearly indicate a wall and I don’t think they have applied for retrospective planning, although they would most likely get it passed. I’m absolutely seething. How can he just change stuff on a whim and his opinion is the final say. My contract states the following
The seller may find it necessary to change some of the elements of design or construction, if this is the case then
1. Any suitable materials will be of similar appearance and no less quality than those being replaced
2. They will not reduce the market value of the property
3. The seller will notify the buyer of any changes as soon as practically possible.

On the third point it was just by luck that I popped up to the development and saw the fence so they didn’t even make me aware of the changes.

Any suggestions what I should do next. I’ve exchanged so I can’t walk away.

Thank you.

andyf1980

I’d ask your solicitor to deal with it. That’s what you’re paying them for.

AlexTheLion

Firstly, nice job on keeping an eye on your plot being built. One of the biggest mistakes people make it believing what the sales office say and never actually going and seeing the real deal themselves until it's too late (after completion).

I'm not the most knowledgable on your issue. But I can tell you for sure that the planning office has had chimneys removed, and other alternations made to complete houses due to them not following the plans submitted for planning permission on our development. Street scene seems quite a high priority for majority of builders, one thing that I believe could be helpful is to make a point of any other properties on the development which have said wall on a corner plot.

Get on the phone to your solicitor for sure.

robatwork

Hollydog01 wrote: »

1. Any suitable materials will be of similar appearance and no less quality than those being replaced
2. They will not reduce the market value of the property
3. The seller will notify the buyer of any changes as soon as practically possible.

I'm not a lawyer. But this isn't jargon. A wooden fence isn't of similar appearance or the same quality as a brick wall.

So your solicitor needs to write them a stiff letter telling them they are in breach of contract on point 1 and either they need to replace the fence with the wall in the original contract/plans or compensate you to allow you to build the wall yourselves.

AdrianC

robatwork wrote: »

Hollydog01 wrote: »

My contract states the following
The seller may find it necessary to change some of the elements of design or construction, if this is the case then
1. Any suitable materials will be of similar appearance and no less quality than those being replaced
2. They will not reduce the market value of the property
3. The seller will notify the buyer of any changes as soon as practically possible.

I'm not a lawyer. But this isn't jargon. A wooden fence isn't of similar appearance or the same quality as a brick wall.

It's all opinion.

A wall and a fence of similar height and opacity could easily be described as "of similar appearance and quality" - they both provide a solid boundary which prevents visibility.

There's massively unlikely to be any effect on the resale vale.

As far as the notification period goes, all the OP says is "but now I've found out".

I can't see this being in breach of contract.

So your solicitor needs to write them a stiff letter telling them they are in breach of contract on point 1 and either they need to replace the fence with the wall in the original contract/plans or compensate you to allow you to build the wall yourselves.

If the OP really pushes it, the developer is only going to refund the deposit and resell the property. The OP will then be back at square one, but out of pocket for expenses so far.

But I bet the solicitor being used is the one "recommended" by the developer anyway.

Hollydog01

Thank you all for your help and advice.

My solicitor is abysmal. They do not respond to emails or return calls. That is a story for another day.

I really want to avoid a legal dispute. I’m no expert in conveyancing or contractual law but I believe the seller has breached the contract. The builder has been in the industry probably longer than I’ve been alive, is very astute and intimidating. He is not a fool, he wouldn’t of built the fence if he didn’t think he could get away with it. There is no negotiation on his part, a fence will look better and that is the way it will be. I also don’t have deep pockets and I’m aware that legal costs can get pretty expensive, rarely there is a winner in legal disputes & both parties end up out of pocket. This is very stressful, I feel I’ve been lied to. They only put the fence up once contract had been exchanged and I paid a10% deposit.

Aylesbury_Duck

Sack your solicitor and use a different one. You shouldn’t be heading into a major financial commitment with someone you acknowledge is abysmal representing your interests.

AdrianC

Hollydog01 wrote: »

My solicitor is abysmal. They do not respond to emails or return calls. That is a story for another day.

Seems that the sooner, the better for replacing them, then.

I really want to avoid a legal dispute. I’m no expert in conveyancing or contractual law but I believe the seller has breached the contract.

That's a very big "but" - and it's hard to see it as anything other than "a legal dispute".

They only put the fence up once contract had been exchanged and I paid a10% deposit.

Coincidence of timing, unless you really think that they organise the on-site works deliberately to shaft you.

You're buying off-plan. The plan shows what is currently intended to be built subject to change, subject to contract.

From what you've said, it's certainly not explicitly outside the contract - and you really are heading for a dispute if you want to try and nitpick over interpretation of such general terms.

So - you need to decide... You really only have three choices:
1. Accept it as less-than-ideal, but ultimately a triviality.
2. Ask for the contract to be rescinded and your deposit to be refunded.
3. Push it, and be prepared to lose.

What will 2 cost in fees already spent, plus time/blood pressure to find another place?
What will it cost to replace the fence with a wall later?

Hollydog01

Yes the service my solicitor is providing is shocking. They got me to exchange so I thought that would be more or less the end of it, now this boundary issue has arisen. I will try and make an appointment to see them after new year. If I did go elsewhere I would probably have to pay them the full cost as they have technically got me to contract exchange and fulfilled there side.

By the way i used my own solicitor not the builders. I also realise that the contract Is open to interpretation. That’s probably what he will say in any legal dispute.