New Build, No Garden Fence possibility on Completion & 2 dogs

Viki2410

Hi All,

Hoping you can give me some advice/tell me if I am being unreasonable/worrying over nothing. All constructive criticism/opinions welcome.

We reserved our Persimmon Semi Detached New Build in September last year due for completion in June this year. When we reserved our plot, we negotiated a fully turfed back garden, with full fencing around, a garden gate and a patio area. We spoke to the sales advisor at length as the reason we wanted this was for our 2 dogs, 1 German Shepherd & 1 Patterdale Terrier. We have been back to the sales site numerous times (our relatives live on the completed part of the site) with the dogs so they have seen them and are aware etc and have always said we need the fence to be done for completion so the dogs are secure. The turf etc is not as big of an issue, which they understood and agreed.

We received the contracts from our solicitor this morning and there is a clause in there which states:

"Clause 12
Completion will take place 14 days after the builder’s solicitor has served notice that
the property is physically completed. The notice may only validly be served once the
LABC cover note has been issued. You should be aware that some minor items
such as turfing, fencing, landscaping, drive or path laying may not have been
completed when the notice is served and you may not delay completion if such minor
items are outstanding. In addition, you may not delay completion if the builder has
not completed any additional works to the property specifically requested by you."

I've phoned our solicitor this morning to explain all of the above and she said whilst she will mention it to the legal team, she doubts that they will change their stance on this as technically the property is habitable and because it will be Persimmon's year end they will push to get the house complete but the garden will probably be on the back foot. I do agree that the property is habitable and we will do everything within our power to ensure the dogs remain inside, but as is the nature of animals, there may be an accident in which the dog escapes. My issue here is that the second part of our phase will still be being built, so I worry that they may be hit by machinery/construction workers or passing cars/other animals. Our dogs are extremely soft natured but as with any animal, if they are under threat their behaviour can change.

As we have not exchanged contracts yet are we able to put a time limit onto the time the fence should be erected within? Or push that this be done before completion?

Appreciate your help.

Thanks
Viki

letitbe90

I'd get in touch with the developer/reps and tell them you have got the contract but are not willing to go ahead unless the fence is prioritised and put in place, as it is unsafe for your pets.

It is possible that the threat of you not completing will pressure them into doing a relatively simple job - which they have already agreed to do so.

EachPenny

Viki2410 wrote: »

...I've phoned our solicitor this morning to explain all of the above and she said whilst she will mention it to the legal team, she doubts that they will change their stance on this as technically the property is habitable and because it will be Persimmon's year end they will push to get the house complete but the garden will probably be on the back foot. I do agree that the property is habitable and we will do everything within our power to ensure the dogs remain inside, but as is the nature of animals, there may be an accident in which the dog escapes. My issue here is that the second part of our phase will still be being built, so I worry that they may be hit by machinery/construction workers or passing cars/other animals. Our dogs are extremely soft natured but as with any animal, if they are under threat their behaviour can change.

As we have not exchanged contracts yet are we able to put a time limit onto the time the fence should be erected within? Or push that this be done before completion?

You could put up your own temporary fence, possibly for less money than will be spent trying to get solicitors to argue with the developer:-
https://www.screwfix.com/p/barrier-fencing-green/1096f
https://www.screwfix.com/p/roughneck-fencing-pins-1-2m-black-10-pack/32108
(other suppliers, possibly cheaper, are available)

You might find such fencing comes in handy anyway as you may need to keep the dogs off various parts of the garden as it establishes itself.

If you speak nicely to the site manager they might be able to 'lend' you the necessary materials, as they are commonly used on all construction sites.

Alternatively you can try to go down the 'legal' route, or even pull out of the deal completely, but you probably need to look at which is going to cost you the least and be less hassle. (bearing in mind house builder's promises are rarely worth very much )

Viki2410

Thanks for the responses.

I spoke to the Field Sales Manager for our plot and she has put into writing that the fencing will be completed in time for completion. Good result

Thanks
Viki