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Taylor Wimpey - DO NOT PAY consent fee

springdove
Posts: 46 Forumite


Hi all
Just a note to help a few fellow new build buyers.
We bought our freehold house from Taylor Wimpey back in 2016 and recently wanted to modify our property by installing a new window and a new side door into our garage.
Contractor suggested letting Taylor Wimpey know - I did so and they initially did not respond for a month.
I wrote back saying I am assuming they do not have any objections. This spurred them into action and they sent a letter saying I should obtain their consent for this extension or new conservatory and I should pay them for this privilege. I called back saying it is neither, so why should I pay? I was then told even for alterations I need consent. No reason given why.
I asked the solicitor who helped with our property purchase for her opinion and she came right back to say that there's nothing in my contract that says consent is needed.
TW kept repeating it is - after speaking to some engineering / architecture team.
Contractor suggested just avoiding all the hassle and delay and instead paying TW.
I then spoke to the NHBC where a very helpful customer care executive said he doesn't think I needed TW consent either.
Eventually when I refused to give in, asking TW instead to quote the specific clause in my purchase contract that says consent is needed for alterations, they got back to me to say the covenant that should have been in my contract, was not :mad:
I don't buy this argument. What took them so long to figure this out? (3.5 months !)
TW were clearly trying to just take money off me for no reason at all. Beware. Check your contract before you just roll over and pay.
Hope this helps someone. Had I not been so persistent and spoken to my solicitor, I'd be £140 + VAT poorer!
Just a note to help a few fellow new build buyers.
We bought our freehold house from Taylor Wimpey back in 2016 and recently wanted to modify our property by installing a new window and a new side door into our garage.
Contractor suggested letting Taylor Wimpey know - I did so and they initially did not respond for a month.
I wrote back saying I am assuming they do not have any objections. This spurred them into action and they sent a letter saying I should obtain their consent for this extension or new conservatory and I should pay them for this privilege. I called back saying it is neither, so why should I pay? I was then told even for alterations I need consent. No reason given why.
I asked the solicitor who helped with our property purchase for her opinion and she came right back to say that there's nothing in my contract that says consent is needed.
TW kept repeating it is - after speaking to some engineering / architecture team.
Contractor suggested just avoiding all the hassle and delay and instead paying TW.
I then spoke to the NHBC where a very helpful customer care executive said he doesn't think I needed TW consent either.
Eventually when I refused to give in, asking TW instead to quote the specific clause in my purchase contract that says consent is needed for alterations, they got back to me to say the covenant that should have been in my contract, was not :mad:
I don't buy this argument. What took them so long to figure this out? (3.5 months !)
TW were clearly trying to just take money off me for no reason at all. Beware. Check your contract before you just roll over and pay.
Hope this helps someone. Had I not been so persistent and spoken to my solicitor, I'd be £140 + VAT poorer!
0
Comments
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It wouldn't have been in your contract.
It would be a covenant in the Title Register. That's the document that gets lodged with the Land Registry. It's the only place you needed to look. You certainly didn't need to contact NHBC. They're an insurance company, not providers of legal advice on your house.
It is common place for developers to put that covenant in, so you're lucky that they didn't in your case.
You would have needed Building Control Approval from the local authority though. I hope that's a fee that you did pay.
It's possible that Planning Permission was required too if it is a garage conversion and the planners removed Permitted Development Rights if the garage is one of their required parking spaces as part of the planning consent. It can happen on new build estates.Everything that is supposed to be in heaven is already here on earth.
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Yes - building control handled by my window contractor and council already provided informal planning officer’s opinion saying no planning permission needed.
Is this title register different to the transfer document that my solicitor looked into? Do I still need to look into it when TW have confirmed in writing I do not need their consent?0 -
This is why I'd not buy a new build lol. You might have saved £140 plus vat but, I assume, incurred solicitors fees and spent a fair amount of time on this, plus delayed getting the work started by months.
Just wouldn't happen with an older property unless in a conservation area.0 -
Time spent yes and delay by about a couple of weeks I would say considering when I was finally ready to commit. No the solicitor didn’t charge me for her advice, she was very kind.
You didn’t answer my question though!0
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