Flooring plan not shared in contract exchange for new build

Deltadia

Hello, 
I am currently going through the search pack put together by my solicitor (recommended by the developer) but I have noticed the floor plan was not included. I looked at few other posts on the forum and it seemed that people were actually asked by the developer to sign off on a floor plan. I have asked the solicitor but their only response was it was not included in the prepared document from seller's solicitor and is not taking any further action. I have also asked the developer of the floor plan as she shown it to me in the reservation meeting but she is citing copyright issue. From research, copyright infringement only happens when I use the plan to build with these architectural plans so it seems to be an excuse to avoid sharing. 

The reason why I wanted the floor plan to be included in the contract exchange is because its a mid terrace house. Sales advisor was adamant that all house have the same sized house and garden. But because the plot I am looking at is mid terrace, it has a pathway going behind the next door's garden which effectively reduces their size of the garden. I questioned on this to sales advisor but she said the garden size is definitely same size which cant be true unless my plot is narrower or the garden is smaller next door. I am suspecting it may be narrower so they want to withhold this information. 

I just want to check with others whether it is too much for me to ask the floor plan to be included with the contract? And whether my solicitor should be doing more to get the floor plan? (my initial thought is for them to do more for their service but I am FTB so I am a bit unsure)

user1977

I don't really follow the logic of your statements about the garden, or why you think the floor plan would prove anything about what's outside the house? The contract ought to include a plan defining the overall size of the plot you're buying - doesn't that answer your query?

Flugelhorn

I doubt the floor plan will help with the garden size, ours has a path for the neighbours going behind the fence at the end of our garden, I don't know the square footage of their garden but it is probably different as our is wider. You can see all there is to see on the Land Registry plan which indicates which boundaries you are responsible for 

Deltadia

My logic is the floor plan inside with the dimension will give me actual number to the expected width and as the garden is same width as the house that would be an indication to the size of garden. 
Contract includes conveyance plan with a scale and when measuring the mid terrace seems slightly narrower. However, the sales advisor was very adamant that all houses had the same size. But she also did had to amend the reservation and financial disclosure form so whatever she's said so far needs checking but not within the contract. We proceeded with the reservation on her word that all houses were of the same size. Its before contract exchange, so I would like to get the facts straight and pull out if necessary.

lincroft1710

If the house is built then you will be able to see the size of the garden, a plan may only show what is intended to be built or assigned. There are many threads on this board about garden sizes or shapes being different in reality to what was shown on the plan.

user1977

How much of a difference are we talking about? A trivial amount of garden ground isn't going to make any difference to the property value.

If you want different (and possibly more detailed) plans to look at, look up the drawings for the planning consent on the council's website.

Section62

Deltadia said:

My logic is the floor plan inside with the dimension will give me actual number to the expected width and as the garden is same width as the house that would be an indication to the size of garden. 

The garden doesn't have to be the same width as the house. The developer could move the garden fences closer together or further apart as they wish.

In any event, sales plans will usually just show internal measurements of rooms, not the overall width of the house.

In essence, with a new build you get what the developer gives you - they aren't obliged to treat all properties the same way and give everyone exactly the same outdoor space.

Deltadia

 Thanks for all the comments. I am definitely not too fussed if the garden is smaller but worried if the building itself is narrower. All the terrace of that design has the same asking price so would really expect the house size to be consistent.. but on requesting the floor plan, is that too much to ask typically? I saw some posters who were asked to sign the floor plan before contract for new build. Since new build is buying off the plan, I would have thought including the floor plan would be given, too  

Flugelhorn said:

I doubt the floor plan will help with the garden size, ours has a path for the neighbours going behind the fence at the end of our garden, I don't know the square footage of their garden but it is probably different as our is wider. You can see all there is to see on the Land Registry plan which indicates which boundaries you are responsible for 

Is your property an end terrace? I am curious to how the garden can be wider without the actual building being wider unless if the garden boundary is wider than the building. In the conveyance plan we received, the end terrace also has the garden boundary starting from the ends of their building. 

Deltadia

Section62 said:

Deltadia said:

My logic is the floor plan inside with the dimension will give me actual number to the expected width and as the garden is same width as the house that would be an indication to the size of garden. 

The garden doesn't have to be the same width as the house. The developer could move the garden fences closer together or further apart as they wish.

In any event, sales plans will usually just show internal measurements of rooms, not the overall width of the house.

In essence, with a new build you get what the developer gives you - they aren't obliged to treat all properties the same way and give everyone exactly the same outdoor space.

Makes sense and I can accept that if the garden fences are placed wider for the end terrace property. But just would like to see some evidence thats the case. Sales advisor was very specific the dimension of the house are all the same but there are already two cases where she had to amend the forms (also without any prior explanation) so I am looking for an assurance that its the same. Is there any way I could, in effect, hold her to that claim? My understanding is that whatever she said/promised, its not worth anything if its not in the contract if we found issues after the exchange of contract. So thats why I am trying to get floor plan included with the contract... 

Edit: To add, the house is finished externally so maybe I should ask for site visit to measure the width for the two plots. But they were quite against the idea of site visit quoting health and safety although I have been to other developers who were happy to show the plot once the external construction finished... 

Slithery

Even if you do manage to get hold of the plans there will almost certainly be a disclaimer on them that allows the developer to alter them at any point.

That's just one of the realities of buying a new-build off-plan.

Flugelhorn

Deltadia said:

 Thanks for all the comments. I am definitely not too fussed if the garden is smaller but worried if the building itself is narrower. All the terrace of that design has the same asking price so would really expect the house size to be consistent.. but on requesting the floor plan, is that too much to ask typically? I saw some posters who were asked to sign the floor plan before contract for new build. Since new build is buying off the plan, I would have thought including the floor plan would be given, too  

Flugelhorn said:

I doubt the floor plan will help with the garden size, ours has a path for the neighbours going behind the fence at the end of our garden, I don't know the square footage of their garden but it is probably different as our is wider. You can see all there is to see on the Land Registry plan which indicates which boundaries you are responsible for 

Is your property an end terrace? I am curious to how the garden can be wider without the actual building being wider unless if the garden boundary is wider than the building. In the conveyance plan we received, the end terrace also has the garden boundary starting from the ends of their building. 

Our house is an end terrace and is different design to the mid terrace property next door (5 bed v 3 bed) so it is wider, it is also deeper so the garden will be a different size to the neighbours