Is the reservation agreement legally binding.

gistic

Last year we bought a brand-new house and our reservation agreement states, “Parking Provision: 1G2PS Single Garage and 2 Spaces”. However, we have one space which is in front of our garage, the other space was not specified. When we moved in, we were told by the builder’s representative that we could park in the managed parking spaces across the road. This is where we have parked our second car, since we moved in April 2020.  We now find that we have no right to use the space in the parking area, as it is not specified in our deeds or on the site plan and that any spare places that are not allocated to homeowners (these are marked with a P and their door number on the site plan) are strictly for visitor use only.

We contacted the builder to clarify the situation and they referred us to the solicitor that completed our conveyancing, who seemed to disregarded the reservation agreement sending us the following response. “The parking is described in the Transfer Deed signed by you: ‘means the parking space(s) serving the Property forming part of the Managed Parking Spaces marked with a prefix ‘P’ and the same number as the property as edged green or blue on the plan no.2 (if any).’
Your parking is the garage and space in front of it.”

The space in front of the garage is only large enough for one medium size car and in no way could be deemed as two parking spaces and it is also shown on the site plan as one space.

We now have nowhere to park our second car, without fear of repercussions.

Advice would be much appreciated. Thank you.

user1977

The reservation agreement is superseded by the contract. The contract probably had a clause specifically saying so. You bought whatever that contract said you were buying. Up to your solicitor to check what you were buying was what you were expecting. And whatever the "builder's representative" told you is neither here nor there.

Though what does "strictly for visitor use only" actually mean? In practice "visitor spaces" tends to just mean "first come first served", not that there's a warden checking you're really a "visitor".

esubbs

The garage itself is normally classed as a parking space in terms of planning application etc. Did you not notice that only one car could fit in the space in front of the garage and question it before exchange/completion? 

AdrianC

You have two parking spaces, one in the garage, one in front of it. Why can't you park one car in the garage, the other in the space in front?

Could it be perceived as misleading to refer to one garage, two parking spaces as if that was provision for three vehicles...? Yes, easily.

BUT...

Did you ever actually check with the developer prior to purchase?

You did, I presume, see that there was only the garage plus one other space on the plan before exchanging contracts, and you exchanged on the basis that you were satisfied with that...