But naive with regards to parking

Aince1985

Purchased a house and the estate agent description said ‘off road parking’ and the vendor wrote parking is around the front of the house and also back drive. The house has a paved area to park a card.

However idiot here didn’t check for a dropped curb, and it doesn’t have one. Doesn’t require planning permission as it’s not a main road but does need approved contractor to do the work and I would guess report to council.

Costing £1800 via a desktop quote. I suspect a lamppost might cause issues though.

Anyone sued the vendor or estate agent? I’m gutted.

davidmcn

If the kerb isn't dropped (and there's a lamppost in the way), that's the sort of thing you could have worked out for yourself by looking at it. Did anybody suggest to you that the kerb was already dropped? Is anybody else demanding that you arrange for the kerb to be dropped?

Slithery

Unfortunately it was your job to check the suitability of the parking before purchase. Ideally you would have negotiated the price down by £1800 to cover the costs.

sal_III

Where did you get the £1800 figure from?

10sec on google showed me multiple sources for £500-1000 which sounds about right. None were even near £1800

Murphybear

As a matter of fact the answer is yes:D

A few years ago the Property Ombudsman dealt with a similar issue, here is the result. It’s a bit long but this issue is common and this might help other buyers.

An Undropped Kerb - Misleading Action
Published on Tuesday, 09 July 2013. Posted in Case Studies

Complaint

After purchasing the property Mr and Mrs F began to experience problems with other drivers parking in front of their property and blocking their access to the hard-standing in their front garden where they parked their car. After investigating the matter with the Highways Department, it became clear that unless the kerb was dropped, other drivers were entitled to park in such a manner which restricted access. Mr and Mrs F noted that the property particulars referred to the property as benefitting from off-street parking, yet the Highways Department had informed them that it was illegal to drive over a pavement where the kerb had not been dropped to access the space. They subsequently complained to the Agent, seeking the cost of dropping the kerb as compensation.

Investigation

In their response to my Office, the Agent referred to their general disclaimers on the sales particulars and asserted that Mr and Mrs F should have known about the kerb as they had viewed the property three times before purchase and, in any event, it was their solicitor’s role to establish the legal position regarding access to the parking area. I observed that not only had the Agent’s sales particulars expressly stated that there was off-street parking but that one of the pictures showed a car parked on the hardstanding. Further, the Agent’s file recorded that they had sent the sales particulars to the seller to be signed off, yet had either received nor chased for such authority, contrary to the requirements of the TPO Code of Practice.

Outcome

In my view a parking space which cannot be legally, or reliably accessed due to competing rights from other highway users, cannot reasonably be described as off-street parking without some clearly stated qualification to draw attention to its limitations. The Agent was the party with the professional expertise and the obligations this entails. Whilst not universal knowledge, it is generally known that it is illegal to mount a kerb and drive across a pavement to access a property; that street parking is permissible where there is no dropped kerb (subject of course to any specific local parking restrictions); and that Highways Department permission is needed to drop a kerb (and planning consent if the road is classified). As the professionals engaged to sell the property, I considered it reasonable to have expected the Agent to have known this, though not necessarily the sellers, just as I would expect an agent to be aware of regulations covering such matters as loft conversions. I, therefore, supported the complaint and instructed the Agent to pay 25% of the cost of lowering the kerb after taking into account that Mr and Mrs F’s solicitor and surveyor would or should have known there was a hardstanding for a car and been alert to the not uncommon legal issues this raised.

Aince1985

sal_III wrote: »

Where did you get the £1800 figure from?

10sec on google showed me multiple sources for £500-1000 which sounds about right. None were even near £1800

Because it has to be via an approved contractor by my council.

princeofpounds

Great post murphybear... as if on cue!

G_M

Aince1985 wrote: »

....... Doesn’t require planning permission as it’s not a main road but does need approved contractor to do the work and I would guess report to council.

.....d.

I'm surprised. As Murphybear's quote says:

the Highways Department had informed them that it was illegal to drive over a pavement where the kerb had not been dropped to access the space.

Retired_Mortgage_Adviser

Amazing stuff Murphybear.

I myself won a small amount of compensation through a TPO complaint for a BTL purchase last year based on the agent's cavalier use of the term "chain-free" in their listing (and further enquiry) when it was anything but.

Go for it OP, nothing to lose.

Murphybear wrote: »

As a matter of fact the answer is yes:D

A few years ago the Property Ombudsman dealt with a similar issue, here is the result. It’s a bit long but this issue is common and this might help other buyers.

An Undropped Kerb - Misleading Action
Published on Tuesday, 09 July 2013. Posted in Case Studies

Brodiebobs

sal_III wrote: »

Where did you get the £1800 figure from?

10sec on google showed me multiple sources for £500-1000 which sounds about right. None were even near £1800

You need to use a Council Approved contractor, so quite a racket, we got quotes 11 years ago and all 8 contractors on our councils list quoted the same price £1,200. You then had to pay £50 for the council highways inspector to come out and check the work after.

I would assume in those 11 years the price has gone up.

Aince1985

G_M wrote: »

I'm surprised. As Murphybear's quote says:

I'm not sure im understanding what you wrote? The dropped curb doesn't require planning as its not on a main road but it does need an approved contractor. My council has 6 approved contractors and only two replied - similar price. Salford council. gov.uk/parking-roads-and-travel/footpaths-and-pavements/dropped-kerbs-car-access-to-properties/[/url]