Builder deviating from plan

Nobbie1967

What about pursuing the matter through moneyclaim online? After completion get a quote for a wall and issue a claim. This should keep costs low.

For now make it plain in writing that the fence is not acceptable.

I can't see how the builder can argue that replacing a wall with a fence is 'necessary', rather than just financially convenient.

pinkshoes

It might be worth getting a quote for the fence to be removed and a 6ft wall to be built. You would then a have a value tomout on your claim.

Definitely put it in writing that you do not accept the change to the fence as this breaches the T&Cs you agreed to upon completion.

Zero_Gravitas

We had a similar situation when buying our current home as a new build. The details specified a block paved drive. Went round for a weekly inspection and found that they’d laid a tarmac drive.

Straight on the phone to my solicitor, and by the time I went round for the following week’s inspection, the drive was block paved...

We had an excellent solicitor - and I’d advise the OP to change theirs if they are not confident that they are acting in the OP’s best interests.

davidmcn

Hollydog01 wrote: »

What are my rights as I’ve exchanged.

It's a bit disappointing that your solicitor hasn't explained the basics of the contract to you before you exchanged! They should certainly be giving you some guidance now.

Without having seen your contract, I'd expect that you're not obliged to complete unless they've built the house in accordance with the specification (subject to any variations as discussed above). As I said, I doubt substituting a fence for a wall is permitted. And there's also the question of planning compliance. So you could threaten to withhold from completing until they've built the wall.

Or accept the fence in exchange for something off the price. Might depend whether you fancy waiting however it takes them to build a wall.

And if you're buying with a mortgage, there's the question of whether your lender has any concern about the change in what they had valued (or a planning breach). Also consider when your mortgage offer expires.

You don't have a great negotiating position if you complete and then try making a claim about it.

Hollydog01

Thank you, that is a very good point you make. If the fence rather than wall contravenes planning is my mortgage co (HSBC) entitled not to discharge mortgage? I’ve managed to save up a decent deposit so my LTV is relatively low. If I can say to the builder my mortgage won’t discharge funds is this likely to hold more weight than me threatening not to complete. Will HSBC write to builders solicitor if I ask them to or won’t they want to get involved?

Thanks once again for all your help, this really means a lot to me x

davidmcn

Hollydog01 wrote: »

If the fence rather than wall contravenes planning is my mortgage co (HSBC) entitled not to discharge mortgage?

Yes, your lender won't want to complete if what's been built doesn't accord with what the planners consented to (and/or the specification upon which their valuer based their valuation).

If I can say to the builder my mortgage won’t discharge funds is this likely to hold more weight than me threatening not to complete.

Well, it would be better to say both that you don't want to and that you can't anyway because your lender doesn't want to.

Will HSBC write to builders solicitor if I ask them to or won’t they want to get involved?

No, your solicitor does this. Builders' solicitor isn't allowed to correspond directly with HSBC (or you).

Hollydog01

I spoke to HSBC this morning and explained the situation. HSBC will still discharge mortgage and they will not carry out another valuation. I presume this is because I have a low LTV. They said to me it will up to my solicitor as they carry out final checks and if the solicitor instructs not to discharge due to planning consent then the HSBC won’t release funds.

So I have two options. Firstly try and get them on planning contravention or via solicitor. I really want to try and avoid a protracted legal dispute as this benefits neither party.

Chrisblue1962

Hollydog01 wrote: »

So I have two options. Firstly try and get them on planning contravention or via solicitor. I really want to try and avoid a protracted legal dispute as this benefits neither party.

Like I said in my earlier response, contact your local Planning Authority (usually local Council) and initially speak to the Planning Enforcement Officer and explain the current state of affairs, backed up by a written complaint. Firstly, assuming a planning breach has occurred, the Enforcement Officer has the legal authority to ensure any planning conditions stated in the planning permission Decision Notice are complied with. Secondly, they'll do this at no cost to you whatsoever .

If no planning breach has occurred, it's then time to contact a solicitor. Good Luck and let us all know how this concludes.

jimmy230

Do check that the planning position has been regularised. The usual way of doing this would be for the builder to apply for a non-material amendment to the planning permission.

There is a likely a planning condition that says the development must be built in accordance with the approved drawings. If the approved drawings show a wall and the builder has erected a fence, the Council could take enforcement action for breaching the condition.

If the matter isn't resolved before you complete your purchase of the property, there is nothing to prevent the Council taking enforcement action against you once you are the owner.

Hollydog01

I really do appreciate everyone taking time to advise me. I am going to compose an email to the builder saying I do not accept the changes and I believe that as the seller they have not adhered to the t&c’s of the contract.

I will contact the enforcement officer when they re-open Tue.

I’ll let you all know how I get on and let you know the builders response.

All the best for 2018 :beer: