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New Build Boundary Compensation

I am currently in the process of purchasing a new build with TW.
I have exchanged, and am awaiting completion.

Two weeks before my completion date I was told that there was an 'issue' with my plot and invited up to look at it with the Site Manager.

They have built the boundary fence along the side of my plot in the wrong place, and as such I have lost a wedge of my plot. This losing part of my driveway and garden.

TW have said that the piece of land that has been lost to my neighbour is unretreievable as it has already been registered to them as they moved in 9 months ago. They've said that there's nothing that they can do, and that we will need to discuss compensation.

I have been asking since this conversation for a plot plan with the exact dimensions of all boundaries and the area of the plot, for both the original contracted plot, and the new revised (smaller) plot.

I have not recevied this, TW continually delay sending this information and despite telling me in person that they will not be able to do any further work on this area until I have agreed that they can, they have proceeded anyway.

They have now said that they need to build a small retaining wall running inside the fence as there is an issue with the ground level on either side of the fence. This also was never part of the plans and reduces my usable land further from the already reduced plot size due to the incorrect fence placement.

I asked them not to proceed with the wall until I have been full informed as to why they cannot build it under the fence to minimise the loss of further land, only to find that they had already built it that day.

The incorrect placement of the fence, and the building of the wall means that by previously parallel and square plot, is no longer ad the aesthetics of this have been lost. The driveway narrows as you drive down it, whereas the plan was parallel, and the same with the garden.

They have also placed 3 drains on my plot, waste, flood and another unknown. Despite telling me on reservation and my first meeting with the site manager that there would be no drains on my plot. The absence of any drains is also reflected in the plot plans that I agreed and signed on reservation.

They have agreed to move the most unsightly drain from directly infront of my front door to the driveway, but the others will remain as is.

I was hoping for some advice on how I could potentially proceed, and what a suitable compensation request might be.

Thank you in advance.

Comments

  • Doozergirl
    Doozergirl Posts: 34,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I have no idea about the land you've lost, but while you are using services like the sewers that take your poop away, you will need 'drains', or rather inspection chambers on your property because it's an essential part of maintenance of a house. You will be grateful for them when you need them.

    They are not pretty, but not everything about home ownership is and you have the future choice to alter how they appear, but the idea that these things shouldn't be there and that they're mere inconvenience is insanity. They should be there.

    Do you fancy knocking on your neighbour's door, begging for permission for Dynorod to use their inspection chamber if your toilet starts backing up?
    Everything that is supposed to be in heaven is already here on earth.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Bear in mind that your contract almost certainly gives the developer a fair amount of leeway to make amendments, so I suspect any "compensation" will be more of a goodwill payment than something you're legally entitled to.
  • If the plans you received are anything like the ones that we got with our new build earlier this year then they will clearly state that they are for illustrative purposes only are are subject to change at build stage.

    Our drainage bears no resemblance to the plan in the slightest. Although in our case it was a benefit to us as the inspection chamber lids are hidden in landscaping rather then in the driveway where they should have been.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    You want to know EXACTLY what the house will be like? Don't buy it off-plan. Things change.
  • ethank
    ethank Posts: 2,197 Forumite
    Holiday Haggler I've been Money Tipped!
    I've had two TW houses and both of them had inspection chambers on my property. I'd rather that than them have to dig up the garden to try and solve any problems that might come up
  • The inspection chambers aren't the end of the world, I would be more worried re-narrowing of the drive. Can you still drive down and open doors properly?
    An answer isn't spam just because you don't like it......
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