Developer have under measured a plot

James_Richard

Hi all, 

I have purchased a new build and currently have an issue with my neighbours over parking. The local authority require an in curtlidge space  to be 2.5mx5m. Upon measuring next doors driveway which is claimed to be a 2 car driveway does not meet the 2.5x5 for each car.(2.5x10 overall) In fact it does not meet that for one car let alone two. 

This being said the only way that they could accommodate the 2.5 width would be to encroach onto my land which I own. Has anyone had any experience with developers incorrectly setting out a plot and the only way to rectify the issue is look at next doors land which has already been purchased? 

Thanks 

James 

Barny1979

Wouldn't this be an issue for the neighbours to pick up with the developer and then the developer approaches you and offers you a value for allowing easement or a sale of additional land, ultimately not your issue currently? Unless they are already parking on your land?

Barny1979

To add though they may have not satisfied the planning conditions if they've not built as per conditions

James_Richard

I was thinking other than the developer approaching me for a section of my land which is the only way the required dimensions can be met. I don’t have to agree to giving any of my land away or is there something to force me to do so?

MoneySeeker1

Personally - I'd regard it as purely and simply a (possible) issue between that house and the developer.

They may or may not raise it with the developer - perhaps in the hopes of getting compensation for inadequate space. Me - I'd keep my mouth shut in your position and think "I bought what I saw - and I'm not going to get involved with this. Nowt to do with me".

davidmcn

It's not clear exactly what the discrepancy is. Have they given you something different from what your contract says? Has the plot been laid out differently from what's on your deed plan? Does it match the approved planning drawings? 

James_Richard

davidmcn said:

It's not clear exactly what the discrepancy is. Have they given you something different from what your contract says? Has the plot been laid out differently from what's on your deed plan? Does it match the approved planning drawings? 

The driveway is supposed to be a double driveway which if it was inline with the local planning authorities required sizes it should be 10 m long and 2.5 m wide. And it’s not so as the developer has not meet these required dimensions the only way they can get the correct space would be encroaching 500mm of my land. The issue I’m asking before it goes any further is can the developer force me to give up land in order for them to amend their error?

davidmcn

It's possible they could - but irrespective of what the planners' standard requirements are, what did they actually approve for this development? 

Barny1979

Have a look on your Local Planning Authority's Planning Portal for the development, you'll see the plans for the development, you'll then be able to see dimensions that were proposed and approved.

James_Richard

The local authorities only require one parking space per 3 bed dwelling. So the plans would of been accepted as one space. The developer have put a longer driveway and sold the plot as a “double drive” but neither of the spaces they have built meet the minimum requirements for parking sizing. 

Chilli6

When you bought yours does it specifically say your drive is 2.5 metres wide?
I'm assuming the drive is one large piece of tarmac or similar? If so, how did you know how much of the width is yours? Could it be they're short by 250mm on each driveway? Or is there a barrier to show where yours ends?