New build not to plan - next steps

ErictheKing

Hi all,

I'm looking for help with the following predicament I find myself in. I'm aware that I'm emotionally involved so I'm seeking some neutral opinions. I've had a good search online about new builds not matching plans, but I think my case could be unique.

I reserved an apartment in September last year,  paying £2000 to reserve an apartment described as the following,

• TWO DOUBLE BEDROOMS
• STYLISH BATHROOM
• OPEN PLAN DINING KITCHEN AND LOUNGE
• SEPERATE STUDY

The listing including floor plans and copies of the planning documents.

I have reached the point of exchange visited the property and the study hasn't been built. I raised this estate agent and have essentially been told to lump it or leave it, the sq ft is the same so the removal of the study doesn't impact the value of the property, infact I'm getting a bargain at the price I reserved it at!

The study was a significant reason for me to opt for that plot as I work form home a lot and it would be a way of me seperating my work from my home life.

I informed the estate agent of this and was told,

"the builders will not be removing any walls or changing the layout of the apartment from how it is when you last visited. The planning documents of which you mention were from the old developers that were previously doing the renovations and the sketches (floorplans) you mention are merely an illustration and as you were purchasing off plan are subject to change as are the artist impressions used to illustrate how the apartments  will look"

The mortgage offer has been based upon the specification provided which included a study.The draft lease document provided to my conveyancers and I also included a plan inclusive of the study.

Now I understand that specifications are subject to change however imo the removal of a room is pretty severe. 

Now my stance is this is a pretty big material change, I have said I will proceed if the study is built but the developer has refused, I have said that if this is the case I would require a refund of my reservation as I cannot proceed as the study was a significant part of my choice for that plot and my mortgage application is based on the specification previously provided that has now changed. The estate agent has informed me "they are not willing to refund the reservation fee as it is your choice to not proceed with the purchase because now it is finished you have changed your mind".

I wouldn't say my experience with the estate agent has been the most professional; they told me that "I would advise that moving forward you buy a finished product rather than off plan as they are always subject changes", and "If this property goes back on the market in the current climate it would no doubt achieve a higher price than you are paying." I feel this is suggesting I'm a little daft for questioning the points raised above, its normal to lose a room and I'm getting it cheap anyway . As I've said I'm emotionally involved so maybe have taken this a bit to heart.

I feel I will end up going down the complaints route with the estate agent, and probably small claims with the developer. Has anyone ever had experience of something like this before? How did you get on and how would you advise me to proceed?

Thanks in advance

getmore4less

Check the planning.
What other changes have been made.

What is you solicitor saying about the lease not matching the property?

Hope you are not using developer solicitor.

EA works for the developer.

Ramouth

If the apartment has the same floor area then where has the study area been incorporated into?  Stud partitions are very cheap to build. You may want to consider completing the purchase and creating the study space yourself.  If the agent is right and prices have risen since you reserved this may well be cheaper than starting again from scratch.

penners324

If all the legal paperwork includes a study and the submitted/ granted planning application includes a study then you should be getting your money back and report the developer for being in breach of planning. Also they're in breach on the initial contract

dimbo61

and good luck with suing the developer.
I would also expect the develpors to go bust about 6 months after the building is half finished.
Cladding, fire safety ??

Doozergirl

"Renovations" Is this a conversion from something commercial?  Offices? 

Are the new and old floorplans safe from a fire escape point of view?  

Things can be changed once you move in, maybe but this sounds significant enough of a change for you to be able to pull out.  You may need to start a formal complaint process with the agent with the intention of proceeding to the ombudsman. 

I'd like to see the floorplans though.  See whether anything can be changed by you or whether it's not a safe floorplan, which many permitted development conversion are not.  
 

Scotbot

Don't take the agents word for it that it is still the same sq footage. Measure it yourself. It is impossible to determine in an empty property without measuring  it. My guess is it isn't 

GDB2222

Can you get your £2000 back and walk away?

user1977

penners324 said:

If all the legal paperwork includes a study and the submitted/ granted planning application includes a study then you should be getting your money back and report the developer for being in breach of planning.

I doubt it's relevant from a planning point of view. Might be different if number of bedrooms changed or if there had been any external changes. 

Section62

As Doozergirl says.

In the current environment having a separate work space is a selling point and would have an impact on the value, but equally in the current market you could probably pay to have a study built yourself after completion and still end up paying less than the property is now worth.

The key is whether you would be allowed to make alterations like that yourself, whether it is feasible, and whether - given the questionable approach adopted by the developer/agent - you are actually buying a flat full of other defects and safety risks.

TripleH

What was the study space like?

Was it a purpose built room / had physical barriers? Does the space still technically exist (just without the walls)?

When we were buying a flat, my study / workspace was in the corridor / hall area. There were no barriers or markings, just my (wife's) choice.