New build flat balcony does not match the original plans - advise needed

Llamaman_2

Many thanks for the replies.

seradane said:

Llamaman_2 said:

 and the biodiverse (green/brown) roof, living wall and planters shall be retained and maintained for the duration of the use. 

So - they presumably have commenced "above grade" work. This planning condition requires them to submit details of this green roof before commencing, if they have done so this should also be able to be found on the council's planning application search. Can you find any such thing?

This has opened up a can of worms.
Looking at the council's planning portal, there was a separate application submitted soon after the original application to provide details about the specification of the planters/living wall/green roof. This application was refused. But the developers started the construction anyway.
Maybe they got approval some other way - I guess I will find out during conveyencing.

One further question - would a new build property like this require a certificate of completion by the council planning department to ensure they have met the planning requirements? If so, would the green roof issue have been brought up then?

seradane

The builder is supposed to notify the council when the works are done, but there is no such thing as a completion certificate in planning. Building control does, but this isn't a building control issue, so just because it has BC sign-off doesn't mean this issue is resolved.

In theory the development becomes immune from enforcement action from the council after 4 years, but if the developers are seen to have "deliberately concealed" the breach, then they can take enforcement measures at the time the breach is discovered.

If the council takes enforcement action in a couple years when you own the place and the developers are no longer in the picture, it's likely you'll be on the hook for remedying it. And if you feel like the purchase price you've agreed reflects the bigger balcony - be aware there's every chance you will lose access to that at some point and it may reduce the value of your flat.

Honestly, in general I'd be very wary about proceeding with this purchase - sounds like they've so far been willing to ignore their requirements to planning so who knows what other corners they've cut. If you decide to go ahead I'd be very very careful about making sure all your paperwork is in order and all the relevant permissions are in place before you do.