Bought a new build off plan but couldn't access driveway!

eidand

I'd go public with this. The developer clear doesn't care so, as above, it is time to get everyone involved and maybe then, this awesome developer will start to care. Guns blazing, all out.

It is not acceptable that stuff like this happens in 2020 in England.

RelievedSheff

princeofpounds said:

Reading this thread, I couldn't but help think of the newbuild garages up and down the land - how many thousands of those things have been built with no prospect of ever fitting a modern sized car inside? I'm amazed the planners allow it, given how many other things they have the spare time to devise convoluted regulations for.

I spoke to a developer once about why they include them. He said there's the obvious stuff - it's cheap space to build, and people like to have somewhere to store junk. But he also said that there's one curious psychological benefit to them - loads of punters really buy into the idea that they can convert it into an extra room if needed. They almost prefer it to buying a house with an extra room in the first place. I suppose the logic is that you can pay for it later down the line rather than up-front, but it's still kind of funny the way people get excited about doing the builder's job for them. 

OP - sorry to hear about your predicament. This is an awkward one for a variety of reasons. It touches on several different aspects of law (consumer, property sales, planning, rights of way etc.), and several different parties are involved (you, the developer, the planning authority, the footpath users and the council etc.). It may be beyond the scope of this forum to offer easy advice, although I hope you pick up a few trails to follow. I don't have much to add on myself right now but I'll have a think and if any bright ideas come through I'll post.

We are one of the few people on our new build estate that actually have a car in our garage (along with a work bench and fridge freezer)

davidmcn

Sachs said:

Your insurer/lender - not sure about this one as it could backfire but the lender may be interested if their security isn't what they think it is.

Not sure why you think the insurer would be interested?

The lender probably won't be all that interested either. They've already advanced the money so it's too late for them to claw it back. Yes, any unexpected drop in value might eventually lead to a shortfall for them, but only after the unlikely event of a repossession.

Davesnave

Sachs said: 

These are the people I would try:

Planning Officer - I don't think my house has been built to the planning standards as the indicated parking is inaccessible to most vehicles.

Local Elected Councillor - Come and look at this terrible building work that has been done for our local community!

Local Press - Come and look at this terrible building work that has been done for our local community! (bonus points if the developer is Persimmon).

Trading Standards - I have been missold a house. They told me during the sales process that the house came with parking but it is clear that you are unable to park a reasonably sized car. (this one is time limited so if they can do anything you need to be quick).

Litigation Solicitor - No idea on this one but a consult to see if they have breached the terms of the contract can't hurt (not your conveyancer).

Your insurer/lender - not sure about this one as it could backfire but the lender may be interested if their security isn't what they think it is.

I's agree with most of these, mostly in that order,  but start by getting the neighbours together as signatories to whatever communication you open. Obviously, they might not do that if you go straight to the press, as no one wants to make their street 'famous' for the wrong reasons!*

*Memories of renting in a somewhat unstable estate where the 'S word' was banned from conversation!

Sachs

davidmcn said:

Sachs said:

Your insurer/lender - not sure about this one as it could backfire but the lender may be interested if their security isn't what they think it is.

Not sure why you think the insurer would be interested?

The lender probably won't be all that interested either. They've already advanced the money so it's too late for them to claw it back. Yes, any unexpected drop in value might eventually lead to a shortfall for them, but only after the unlikely event of a repossession.

Many insurance products come with legal cover included or as an optional extra. Would it help in this situation? I have no idea. Would I check? You're damn right I would.

Would the lender be interested in getting involved in this dispute? Probably not but it does affect their security so its not impossible. Again, would I check if I had exhausted other possibilities? Absolutely.

When it comes to solving problems you can tell yourself nothing is possible and no one will help or you can ask for help and let them tell you no. Nothing ventured nothing gained, a one in a hundred shot happens one in a hundred times.

carefullycautious

I am fascinated not only by the tight space to park 2 cars but that there is a side access door in the wall showing! who on earth would be able to use that if the cars were parked in that tight gap? 

Starbabe6

Thank you, a mix of responses. It’s a very long and complex story. The wall cannot be moved, we fought for this but the level difference of our road to footpath is too big a drop, it can’t be one level. The footpath was there before our house so has to remain. We tried to get the wall moved to the bush side, but they can’t as the bush is protected and they can’t dig that close to the roots. I appreciate cars are getting bigger BUT the design plans show a vehicles BIGGER than ours getting on and off the drive. If we could not get a Ford Focus on and off, that is smaller than what they claim would make the turns. Yes we bought off plan but the driveway was clearly ‘not fit for purpose’. It was not for us to check the dimensions - and as I have mentioned the plans show a vehicle bigger than ours manoeuvring, and it was not possible in a smaller car. The Council are involved and due a site visit but the road is a ‘private road’ and will not be adopted by them; they will only adopt the footpath. Site advised us to ask for compensation, which I did, and Head Office have refused as despite losing the garden and having tight parking they say they removed the front garden at our request (was the only way to get on the driveway to use it as a turning space) and they admit no fault whatsoever. I don’t believe this is fair. 

princeofpounds

Looks like you're not the only ones. It may even be worth trying to contact some people who have faced the problem before and see what they say about their solution?

https://www.birminghammail.co.uk/news/midlands-news/couple-cant-park-drive-isnt-16413089
https://www.express.co.uk/news/uk/841443/parking-space-too-narrow-to-get-out-of-a-car

If the estate is not sold yet, you can consider protesting 

https://www.bbc.co.uk/news/uk-england-hereford-worcester-48096305

This may be worth a look. It's not a full solution, but if the development is covered by the consumer code for housebuilders then there may be some grounds to complain through that scheme; I have read through parts of it before and it's quite wide in its scope (much more so than a warranty)
https://www.which.co.uk/consumer-rights/advice/my-new-build-home-has-problems-what-are-my-rights

ETA: May be worth contacting building standards control too. There do appear to be regulations around approaches to dwellings, although I don't know exactly how this would apply to your situation.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/540330/BR_PDF_AD_M1_2015_with_2016_amendments_V3.pdf

Vestraun

Is the sales office still open? I would be down there every day making a stink until they do something. 

DoaM

I looked at the photos and thought "What front garden?" They're claiming that tiny patch of land as being a garden?