Advice needed. Newbuild garden size wrong before completion

lookstraightahead

RelievedSheff said:

lookstraightahead said:

RelievedSheff said:

I'm not entirely sure what you expect them to do here. They can't just magic more land out of thin air to give to you.

17x8m is still a very decent garden for a new build.

It sounds as though you have exchanged contracts so there isn't really much you can do. You are now legally obliged to buy the property.

It sounds like the plans have the original garden size and now the reality is it's smaller? 

If that's the case, then it's no different whether it's a garden or a room, it's still not what you paid for.

on the other hand, if the plans were clear prior to exchange then yes the op has made the mistake.

it's not much more than half the garden size they expected.

If the plans were dimensioned then yes I agree. But it is very unlikely that they were and they will no doubt have had a disclaimer saying for illustrative purposes only.

Either way it is a mute point as the OP has exchanged contracts. 

Fair point 

Ramouth

I think the OP needs to look and see if their money will buy them a better house elsewhere.  Look at the property as if it were just one of the houses available - forget how big the garden was meant to be and look at is as it is.  If this house is still appalling and seems like good value then continue.  If not, pull out, rent for 6 months and look for something with the right plot size - unlikely to be a new build.

getmore4less

Check the planning carefully against what the builders showed you on their drawings  and what's on the ground now.

not unknown for builders to put in plans but later adjust boundaries and plots but not update their old printed materials to reflect the changes or notify those with reservations.



There is a case on here where the purchaser signed of a plot with fences not in the right place to the plans  and now the builder wants to rectify.

purplebutterfly

Forgive my ignorance but I don't understand how they could sell you something based on the garden being 21m x 11m and then give you something different because the plans were not the right scale.

Do the original drawings not form any part of the contract, when it comes to new builds?  I would have thought they'd have had to be part of the conveyancing if the house hadn't been built yet or how else can you be certain of what you are buying.

I keep reading posts about new build gardens being wrong or people not having parking spaces shown on plans and it baffles me how this can consistently be allowed to happen.  Why are the developers allowed to keep doing this to people?

user1977

purplebutterfly said:

Forgive my ignorance but I don't understand how they could sell you something based on the garden being 21m x 11m and then give you something different because the plans were not the right scale.

I suspect what happened is that the plans are the right scale but somebody has calculated/annotated dimensions incorrectly - so in theory anybody could have spotted that, and it's still the same size proportionately to the house etc. Bit different from the builder actually changing their plans post-exchange.

RelievedSheff

purplebutterfly said:

Forgive my ignorance but I don't understand how they could sell you something based on the garden being 21m x 11m and then give you something different because the plans were not the right scale.

Do the original drawings not form any part of the contract, when it comes to new builds?  I would have thought they'd have had to be part of the conveyancing if the house hadn't been built yet or how else can you be certain of what you are buying.

I keep reading posts about new build gardens being wrong or people not having parking spaces shown on plans and it baffles me how this can consistently be allowed to happen.  Why are the developers allowed to keep doing this to people?

The plan will be drawn to scale. Someone when measuring it has used the wrong scale.

Unless the OP was shown a plan with clear dimensions on it (not just someone using a scale rule in the sales office) then there is very little comeback.

Too late now anyhow as they have exchanged contracts.

sheramber

We have now exchanged and were advised by our solicitor to arrange a site visit to check the boundaries were correct before we sign them off. 


Should you not visit before exchange?  As you have found it , it is too late to find a problem after exchange.

The builder seems to accept there was an error but doesn't put as high a value on it as you do.  He has given you his options. it is up to you whether you accept or pull out of the sale.

 

  

 

user1977

sheramber said:

Should you not visit before exchange?  

There may have been nothing to see at that point (hence "buying off-plan").

What was any valuation based on? If they used the wrong dimensions then that at least might indicate a loss, but if it's been valued based on correct interpretation of the plans (or on a basis where the size of the garden doesn't really matter as long as it's adequate), there only seems to be some disappointment here rather than a financial loss.

Section62

Doozergirl said:

If the market is buoyant where you are, it is likely that prices will have risen a bit since you reserved.

^This.  If prices locally have gone up x% then starting from scratch with another potentially means ending up with the same money only being sufficient to buy a whole property which is x% smaller. (roughly)

In that case having to put up with a smaller garden - but getting the same size house - might be the better deal.

Unless the builders have also lopped a bit off all the rooms as well.


On which note....

Ramouth said:

...If this house is still appalling and seems like good value then continue.

A perfect summary of the new build buying process?