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New Build - Garden delayed

We recently completed on a new build property (14th April 2023) and were told that the garden would be turfed before completion.  We could not move in immediately for a few different reasons but plan to move this week (28th April). 

I understand weather can impact the laying of turf, however, we have only just been informed (over 1 week after completion) that the turf for the garden is unavailable and may be another 3 weeks before it can be obtained and then laid.  Once laid, we are then unable to use the garden for a further 3-6 weeks while it beds in.  

My issue is that we were pushed by the developer to complete earlier than we wanted to (at additional cost to us) and we have two children under 3 who now cannot use the garden until possibly late June.

Is there typically any recourse with the developer for their failure to have the garden ready at the point of completion - knowing that weather was not the factor in this instance.  This possible 4 week delay in having the garden ready and as the weather is warming up means we will definitely be losing out on the use of the garden while we wait.
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Comments

  • Postik
    Postik Posts: 416 Forumite
    100 Posts Second Anniversary Name Dropper
    edited 25 April 2023 at 11:20AM
    If it were me I would use it as an opportunity to point out the uneveness and all the bricks and bits of concrete that they leave near the surface.  Usually they just cover over this and the first you know about it is when big patches of turf die or you twist your ankle on one of the many ruts in the ground.
  • RelievedSheff
    RelievedSheff Posts: 12,691 Forumite
    10,000 Posts Sixth Anniversary Name Dropper Photogenic
    Ours was the same when we moved in. We just let them get on with it in their own time.

    We had plenty of other stuff to keep occupied with moving into a new house then the garden.

    When they did finally lay the turf we were less busy and more able to look after it.
  • user1977
    user1977 Posts: 18,334 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    Ultimately what you’re entitled to is whatever it says in your contract (which is…?) - you may of course get something better as a goodwill measure.
  • sheramber
    sheramber Posts: 23,140 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    If turf is not available then they cannot lay it.

    The cold weather has slowed grass growth so that is probably why the turf is not ready to be lifted.
  • You will have the snagging list to keep you busy until the turf arrives.
  • ComicGeek
    ComicGeek Posts: 1,665 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    No shortage of turf around here, a relative runs a turf business.

    More likely to be a delay in the contractors being available to lay the turf. There is a date target of 15th June to complete lots of groundworks on new build schemes to prevent new building regs updates being triggered - pretty much anyone around here who's able to hold a shovel is being roped in to help!
  • You will have the snagging list to keep you busy until the turf arrives.
    Exactly, they are going to be working on your house for quite some time yet to fix all the snagging issues.
  • BV23
    BV23 Posts: 3 Newbie
    First Post
    Thanks all

    Minimal snagging (which I know I should count my blessings for).  My irritation was mainly the fact that we were pressed to complete on the accelerated timelines of the developer at cost to us (due to longer overlap between current rental and new mortgage).  To now find out that we accepted at our cost and the developer is still not ready to complete the garden.

    If this was happening in winter, I wouldn't even mind but I have two children under three who now can't use the garden for half of the warm summer months.  On top of this, the nearby play areas are still not finished (which we were told would be) so there is no nearby outdoor space for the kids for the next couple of months. 

    I know there will be a contract term which is likely to negate the developer's liability in this instance (I will check), however, I was just wondering if this would be type of inconvenience which would typically warrant some form of goodwill measure from the developer
  • robatwork
    robatwork Posts: 7,300 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Postik said:
    If it were me I would use it as an opportunity to point out the uneveness and all the bricks and bits of concrete that they leave near the surface.  Usually they just cover over this and the first you know about it is when big patches of turf die or you twist your ankle on one of the many ruts in the ground.
    Yep - dig down a ways and see what they have left. If there isn't rubble for a clear 30cm depth then you have got a decent builder. My new build horror many years ago was turfed, but digging some of it up later revealed it was just a dumping ground for rubble with an infinitesimal layer of topsoil.
  • saajan_12
    saajan_12 Posts: 5,295 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    BV23 said:
    Thanks all

    Minimal snagging (which I know I should count my blessings for).  My irritation was mainly the fact that we were pressed to complete on the accelerated timelines of the developer at cost to us (due to longer overlap between current rental and new mortgage).  To now find out that we accepted at our cost and the developer is still not ready to complete the garden. - Its definitely annoying cashflow wise, and possibly some doubled standing costs, but the main mortgage cost over the loan lifetime would have been the same, and the rent woudl have still been payable if you completed later. So probably minimal extra cost over time, and against that you can move more gradually which might avoid deposit deductions or reduce moving costs. 

    If this was happening in winter, I wouldn't even mind but I have two children under three who now can't use the garden for half of the warm summer months.  On top of this, the nearby play areas are still not finished (which we were told would be) so there is no nearby outdoor space for the kids for the next couple of months.  - could you not stay in the rental for longer, and use the garden there? 

    I know there will be a contract term which is likely to negate the developer's liability in this instance (I will check), however, I was just wondering if this would be type of inconvenience which would typically warrant some form of goodwill measure from the developer
    Comments in line.. agree feels wrong / unfair, but may not be as bad as it seems, as the bulk of costs will be the same over the lifetime, and you could keep living in the rental 

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