New Build- They're changing the garden size, OUR RIGHTS?

MissRScience

Like I say we're first time buyers. We never claimed to know everything.

Just disappointed thats all,

AdrianC

MissRScience wrote: »

So we reserved a property with Miller homes. They showed us the original plans and we signed to say we were happy. She verbally stated a the time due to some trees they may need to move the boundary line back by 1 meter max. We weren't that fussed, it meant we didn't have the protected tree on our site.

HOWEVER we got a call yesterday to go in and and see the new "proposed" plans. They have taken 3meter from the length of the garden, loosing 28m(2) from the garden.
...
But we've reserved a property with more land,

And that property cannot exist in the form it was initially proposed to, because of factors outside the developers' control. You were warned it was possible, and chose to reserve anyway. As it happens, they underestimated the change when warning you.

As and when you exchange contracts, if you do, then it is what is contained within that contract which will be the important factor.

In the meanwhile, you have choices. You have been offered two:
1. You can walk away with your deposit.
2. You can change to another plot.
You are asking for a third:
3. Reduced price or other incentives included.

It's a negotiation. Either of you can come up with suggestions, and the other can agree or disagree. If you can't agree on that third option, or on any fourth option that may come to you, then there are two options that are definitely on the table.

This is the risk you take with reserving a property at an early stage. The drawings are only indicative. When it comes to a fight between drawings and the ground, the ground wins. The drawings are much, MUCH easier to change.

G_M

MissRScience wrote: »

It is their solicitor- like I say we just wanted to make it easy and went with theirs.

:eek:


Seriously.... :eek::eek::eek:


How far have you got (legally)? Has he started work? Or can you change solicitor without getting a huge bill for his work doneto date?


Using their solicitor makes it easy for them, but leaves you wthout a truly independant legal adviser looking after your interests.

MissRScience

AdrianC wrote: »

And that property cannot exist in the form it was initially proposed to, because of factors outside the developers' control. You were warned it was possible, and chose to reserve anyway. As it happens, they underestimated the change when warning you.

As and when you exchange contracts, if you do, then it is what is contained within that contract which will be the important factor.

In the meanwhile, you have choices. You have been offered two:
1. You can walk away with your deposit.
2. You can change to another plot.
You are asking for a third:
3. Reduced price or other incentives included.

It's a negotiation. Either of you can come up with suggestions, and the other can agree or disagree. If you can't agree on that third option, or on any fourth option that may come to you, then there are two options that are definitely on the table.

This is the risk you take with reserving a property at an early stage. The drawings are only indicative. When it comes to a fight between drawings and the ground, the ground wins. The drawings are much, MUCH easier to change.

We're trying option 3 asking for carpets, would take reduction for costs or even turfing the back just to feel like we got something back. Principle maybe? We're a bit more clued up to what were entitled to and understand it would come from them as more of a customer service gift than anything else.

MissRScience

G_M wrote: »

:eek:


Seriously.... :eek::eek::eek:


How far have you got (legally)? Has he started work? Or can you change solicitor without getting a huge bill for his work doneto date?

Using their solicitor makes it easy for them, but leaves you wthout a truly independant legal adviser looking after your interests.

The fees were in line with an independent solicitor so went with them. At the moment they have only done a local search, £74.50

AdrianC

MissRScience wrote: »

We're trying option 3 asking for carpets, would take reduction for costs or even turfing the back just to feel like we got something back. Principle maybe?

Principle is never the best bet to rely on.

Remember, they don't have to sell to you, except under the terms of your current reservation. If they think there are other customers who will give them less hassle, then they will be quite happy to steer you towards reclaiming your reservation fee.

Sibz

MissRScience wrote: »

Like I say we're first time buyers. We never claimed to know everything.

Just disappointed thats all,

Ignore the unhelpful responses - you get a few on here. But most folk are helpful, and folk will tell you stuff you don't want to hear (which is sometimes the most helpful). Have you looked at other developments to see what options you have, at least to maybe help you negotiate?

MysteryMe

The OP has done what they have done so rather than flogging a dead horse over making a mistake with the solicitor they need suggestions on best way to move forward.

Only the OP knows if the reduction in garden size is a deal breaker. If they are not happy with the size as it will now be then having a lawn turfed wont alter anything. It's putting lipstick on a pig. In this instance I would consider pulling out and looking elsewhere or taking up the offer of another plot. It is better to wait 8 months for the right house than potentially living 8 years in the wrong one.

BrownTrout

why do people who buy new build homes put up with such small pokey gardens?

robatwork

MissRScience wrote: »

When we asked how we could be compensated (Laying of turf/carpets) they were very reluctant.

I can tell you this for sure. Go for turf.
Carpet will get ruined, even if it's a nice shade of grass green.