Builder deviating from plan

AdrianC

Hollydog01 wrote: »

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

I think we can predict what it'll be, not least because you're simply asking for written confirmation of the reply you've already had verbally...

Hollydog01 wrote:

I spoke to the builder Xmas eve and he made it clear this is not temporary fence. The fence is up and that’s how it’s going to be was his reply.

If the planning enforcement team agree with you, great.
If they don't see a problem, then what?

Hollydog01

Then I’ll have to contact my solicitor and it will be come a legal dispute rather than planning one. Im also very aware that the contract is subjective and a matter of opinion. The builder thinks he can get away with it so he must think he has not breached any conditions of the contract - I think they have so it’ll be up to a judge to decide, gulp!

Aspiration

I would expect the planners to ask them to submit retrospective planning permission and then possibly would be granted so from their perspective would no longer be enforceable.

I agree a brick built wall which is considerably more expensive is not comparable to a fence. I hope it's resolved for you and this is the only change the builder makes.

Chrisblue1962

Aspiration wrote: »

I would expect the planners to ask them to submit retrospective planning permission and then possibly would be granted so from their perspective would no longer be enforceable.

They would not have to apply for retrospective planning permision as this development would have planning permission already in place, albeit covered by planning conditions. Secondly, they would probably have to apply for a Non-Material Amendment and there would be no guarantee they would get it - that's why we have planning officers and a planning process - I work in planning btw .

Hollydog01

This whole development has been controversial from the very beginning. There has been a huge amount of objections from existing residents in the surrounding areas, pages of them when looking online. If the residents find out that the builder is not in compliance with planning when he’s only just started (they only have show home open at present not one plot has been occupied yet) or they cutting corners I think the council will have a riot on their hands, so to speak!

Chrisblue1962

If you are willing to give me the name of the local authority and the reference number for the existing planning permission, I can have a look at the Decision Notice (usually published by local authority online) and informally advise re. any planning conditions, etc, if you wish?

Hollydog01

Morning, I've sent you a PM with the details.


I certainly appreciate your help with this.

Hollydog01

Promised to keep you all in the loop. This is the builders reply when I asked about wall change to a fence. Bit vague I’m afraid, going to discuss at weekend. Feel sick thinking about it...!

“Happy to meet and discuss the rationale behind the boundary treatments to Plot 1 which will accord with those used and adopted throughout the scheme and in accordance with the show house”

Bit late for discussing as the fence is already up lol

pinklady21

You need to get your solicitor involved here. He or she will be able to explain what has been contractually agreed, and what your remedy is with the builder in the circs.
It is your solicitor that will request the funds from your lender, and they will only do so if all is well with the contract, as they work for you and your lender as well.
Telling the builder that you are going to get planning enforcement on his back will likely not endear you to him! I assume that what you want is for the fence to be removed and a wall built instead.
Have you advised your solicitor about the issue? What advice have they given you?

Hollydog01

I’m embarrassed to say that I cannot get hold of my solicitor at all despite leaving numerous messages and emails. I have asked to see someone but they don’t reply. I sent an email saying I’m paying for a service and require legal advice. Absolutely nothing in reply. Feel like I’m on my own tbh.

I feel like taking legal action against my solicitor