Fence Issue with Building Company

Selina2017

Hello,
My partner and I bought a new build last year. We understood from the builders that there would be a fence behind our parking spaces (2 cars wide). Our neighbour has the same house (mirror image of ours) and has a fence behind his parking spaces (2 cars long). We have mentioned this to the builder when we had the handover but they have refused to comment. There is a building site at the back of our house and the builder had asked us to give them access through our parking area. We granted them access via a lease hoping that once they were done, they would put up a fence.


Now they don't need any access through our parking spaces and are saying that there is no fence and are therefore refusing to put one up. They said that we should have checked the plans for the fences. The sales office and solicitor have been very unhelpful.


Without a fence, people will use our parking area to drive through to get access to the flats behind the houses (although there is another route). Also, when we bought the house, it was still in construction and therefore, we could not physically see any fence. The sales team that sold the property to us said that we would have a fence just like our neighbour but the sales team is gone and there is no record of that conversation. The builders website shows the plans for the houses and the flats and the boundaries are not reflective of the legal plans. We are now being asked to pay for a 'licence to alter' before we put up a fence at our own cost. In the contract, there is a clause to say that we cannot erect any structure without the builder's consent and that the builder can change the plans as deemed fit.


Is this not unfair treatment of customers (our neighbour has a fence and we don't)? It seems that the contract was drafted in the seller's favour and not in the buyer's


How can we resolve this? Thank you.

davidmcn

Generally, statutory protection about unfair contracts doesn't apply when buying property on the basis that you would normally have the benefit of independent legal advice before entering into the contract (and an opportunity to negotiate its terms, though in practice it can be more a question of your solicitor warning you what it all means). If it was important to you that the developers erect a fence then you ought to have tried to put it in the contract.

G_M

What do you have in writing to say there would be a fence?

diggingdude

Seems to me you need to put these at the far end of your parking space

Silvertabby

.... or a row of big plant pots.

That'll stop people using your drive as a rat run until you get this sorted.

Silvertabby

When we bought our new build we kept copies of the house and site leaflets, which clearly show all of the fences. If you don't have yours, perhaps one your neighbours has a copy you could have a look at?

moneyistooshorttomention

Silvertabby wrote: »

.... or a row of big plant pots.

That'll stop people using your drive as a rat run until you get this sorted.

Or a garden bench - with the seat bit turned facing your garden perhaps?

Or a handy hosepipe obviously used for watering your garden and possibly used at "suitable" times when you coincidentally decide to water your garden?

Or a couple of those HUGE ornamental stones (like a couple of feet high and massive)?

Or a chainlink fence (with padlocks if need be)?

Davesnave

I wonder, did you use the builder's recommended solicitor?

The comments that focus on the contract you hold are the most relevant here.

People often think that buying a new-build is less risky than purchasing an older, lived-in home. Like buying a new car or other substantial consumer product, sales staff are pleasant and reassuring, so it's easy to be lulled into a false sense of security.

The reality is that some new builds are badly-built, thrown-together by people on piece work who don't care about quality. Stressed site managers with targets to meet, won't necessarily want to hand over a free fence either, if they can avoid it.

Your contract is vital. You are entitled to what's written down. All the fancy site plans and promo material are subject to changes. Even if you find one, I fear it will count for nothing.

Sorry!

Selina2017

Unfortunately, there is no document that talks about a fence. The plans of the site shows no fence behind our parking area and that of our neighbour but then the builder erected a fence on his property.
We did use the builder's recommended solicitor and we did think that they sided with the builder on some matters. They would else they will lose future business from the builder.
The contract says that we should not erect any structure or building on the property once completed. We are trying to find out whether legally a fence (wooden, 1.8 m high) is a structure.
Would it make sense to appeal through a first tier court?

pinklady21

Is there any detail on the builder's planning permission for the estate that might be helpful to you? Check with your local council what was approved.

Selina2017

We do have a clause that states "not to do anything which is or may become a nuisance or danger to the Transferor or any owner of a dwelling on the estate". This is a standard clause in the contract. People using our parking space (walking/driving), making us liable for damage, security of our cars could be a nuisance/danger.