New build, shared driveway

powerbarge

Hi all

I am in the process of buying a new build property and have a concern raised on the search from the solicitor:



The beige area on the right is an "adoptable road" but the brown area (in front of the plot I have agreed to purchase) is considered a shared driveway

The solicitor has informed me that I am expected to share maintenance costs with this driveway with the other homes on the driveway.

What strikes me as somewhat unfair is that I am paying an estate maintenance charge, but in addition being expected to pay for upkeep of this driveway. Am I being unreasonable to challenge this statement - should this not be included?

Thanks in advance

user1977

It's only "unfair" if you're paying twice for the same work, surely? It would be unfair for the houses directly off the adoptable road to pay for your private cul-de-sac which they're not entitled to use (and have no need to).

TheJP

This is common for houses that are based in a mini cul-de-sac. You have the benefit of not having traffic come passed your house. I have a similar scenario but its just me and another house and only i am responsible for the maintenance. My house is 23 years old and the shared drive looks as new as it would have done when it was laid. I doubt it will need attention for the next 10-15 years.

I doubt you have any grounds to challenge as you still use the adoptable road as do others but only the house owners will use the shared drive. 

pinkshoes

This is quite a common set up. 

I would be more annoyed about this "estate maintenance charge" which is a new thing that has crept in.

We can park 4 cars on our drive, but "share" the back of it with 2 neighbours and have to leave it clear so they can drive over it. We are responsible for maintaining the shared area but all 3 houses have to pay equally.

My parents live in a cul-de-sac with 3 houses. It's a private road, my parents are responsible for the upkeep but any maintenance required has to be paid by all 3.

If you think how little attention concrete driveways generally need, then it won't need maintaining for about 20 years!

GDB2222

Which house is yours? The one marked in pink doesn't seem to need to use the cul de sac, as it has direct access from the beige area. 

I suspect that the reality is that you can protest all you like, but that won't change anything.

diego_94

Its all ok until one of the 6 refuses to pay for anything. Don't buy new build, your ripped off left right and centre.

Section62

pinkshoes said:

If you think how little attention concrete driveways generally need, then it won't need maintaining for about 20 years!

If the driveway were properly constructed with poured concrete then fair enough.  But typically these access ways are constructed with block paving that can need a lot more maintenance, sometimes relatively soon after construction.

The thing that would concern me more about this property is the driveway is relatively narrow where it meets the adopted road.  There's no indication separate footways will be provided, so it is likely to be 'shared use'.

If the properties either side of the road end of the driveway are allowed (or not prevented) from putting in high fences or hedges then there will be very little visibility for drivers entering or emerging from the shared driveway.  This will be a risk for pedestrians/children walking or playing in the shared area, and for pedestrians walking along the footway on the adopted road.  I wouldn't feel comfortable living there myself.

Section62

GDB2222 said:

Which house is yours? The one marked in pink doesn't seem to need to use the cul de sac, as it has direct access from the beige area. 

I would take a guess that pink in this case may be indicating social/affordable housing.

powerbarge

Thanks for the feedback all, it is some slightly comfort to know that others have had a similar situation. Many new and "old" houses will have a similar situation with a driveway with shared responsibility, it was just the maintenance cost that doesn't actually cover the entirety of the maintenance that has got my back up - an unavoidable cost that should probably be regulated against... but there's no choice in the matter right now.

user1977

powerbarge said:

an unavoidable cost that should probably be regulated against

Who do you think ought to pay for the maintenance, if not the owners of the houses in the estate?

eddddy

powerbarge said:

What strikes me as somewhat unfair is that I am paying an estate maintenance charge, but in addition being expected to pay for upkeep of this driveway. Am I being unreasonable to challenge this statement - should this not be included?

Presumably, these are 2 different costs for 2 different things.

You should ask what the Estate Management Charge relates to - or more importantly, read the deed that explains the Estate Management Charge.


Is the cul de sac part of a larger estate?

If so, the Estate Management Charge would typically relate to any communal areas, communal services, etc. For example, green spaces, children's play areas, footpaths etc. The charge might also cover street lighting, drains, etc on unadopted areas of the estate.