I can't help but think I was mis-sold my house

Jakeh_2

Live in Scotland. I think I have two separate complaints? But don't know where to start.

Bought a new build from a well known builder 2 years ago. I asked several times, in person and by email what would be built on a grassy space infront of my house. The builder eventually replied with a picture of my plot and surrounding areas saying "it looks like it's just a path". The grassy area was bare.

For a bit more context, I was the first plot on the second phase of the development and the grassy patch is what separates the first and second phase.

Around 12 months ago the builder/factor comes along and builds a children's play park right outside my front door.

Neither the builder or solicitor (who's since been sacked) mentioned any play park. I wouldn't have bought this place.

From speaking to a couple of people in the first phase, who had been in their property for a couple of years, they were aware there were plans for a childs park. So it was always planned as far as permissions go.

I've tried my best to grin and bear it, but I'm at the end of my tether. The constant shouting and screaming from kids is too much and I can't enjoy my own home.

I want to record a complaint as I feel I'm due some form of compensation for being misled (which'd be put towards selling & moving costs) but realistically, am I wasting my time? Have I left it too long?

Perhaps I need more specialist advice from a qualified individual, but money is tight in today's world and the solicitors around my area don't appear to operate a No Win No Fee arrangement, or take client's whom are entitled to Legal Aid.

I'm stuck.

MultiFuelBurner

I would have looked at the planning on the local authority site to be honest but then we are seasoned house buyers.

This is something your would of expected to be on plans and pictures when you were shown your house plot as well as picked up on your solicitors pack of info?

Postik

MultiFuelBurner said:

I would have looked at the planning on the local authority site to be honest but then we are seasoned house buyers.

This is something your would of expected to be on plans and pictures when you were shown your house plot as well as picked up on your solicitors pack of info?

Did the OP use the builder's "recommended" solicitor I wonder?  Because this is exactly the kind of thing they can gloss over if it suits the builder.

Jakeh_2

Yeah, in hindsight I should have done that. But being a FTB meant I was ignorant and I had no friends or family to turn to for guidance.

You raise a good point, but I feel this is where the builders have been sneaky. They showed me - and still do on their website to this day - a map of the phase and the houses within that phase. There is no map available that show the estate in totality to show what's inbetween the phases - which is why I had to explicitly ask what was planned for the grassy area inbetween the first and second phase.

Hope that makes sense.

Grumpy_chap

Jakeh_2 said:

Live in Scotland. I think I have two separate complaints? But don't know where to start.

Bought a new build from a well known builder 2 years ago. I asked several times, in person and by email what would be built on a grassy space infront of my house. The builder eventually replied with a picture of my plot and surrounding areas saying "it looks like it's just a path". The grassy area was bare.

For a bit more context, I was the first plot on the second phase of the development and the grassy patch is what separates the first and second phase.

Around 12 months ago the builder/factor comes along and builds a children's play park right outside my front door.

Neither the builder or solicitor (who's since been sacked) mentioned any play park. I wouldn't have bought this place.

From speaking to a couple of people in the first phase, who had been in their property for a couple of years, they were aware there were plans for a childs park. So it was always planned as far as permissions go.

I've tried my best to grin and bear it, but I'm at the end of my tether. The constant shouting and screaming from kids is too much and I can't enjoy my own home.

I want to record a complaint as I feel I'm due some form of compensation for being misled (which'd be put towards selling & moving costs) but realistically, am I wasting my time? Have I left it too long?

Perhaps I need more specialist advice from a qualified individual, but money is tight in today's world and the solicitors around my area don't appear to operate a No Win No Fee arrangement, or take client's whom are entitled to Legal Aid.

I'm stuck.

Often, the site plans will show this type of facility - they can be a selling point if there are family-size houses in the Development.

Developers are usually obliged to provide this type of facility as an obligation through the planning process.

Maybe the plan for the first phase showed the park / play area and the plan for the second phase only went up as far as the path as the extents of the second phase.

Did you review the publicly available planning application details for the development?  This would show more detail than might be in the sales literature.
There are all sorts of details in the planning that won't make it to the sales literature:

• Bin stores
• Waste water pumping station
• Electricity sub-station
• Cycle racks
• Children's play area

Of all the things that I can think of that the development needs and wouldn't necessarily make it to the marketing literature, a children's play park is one of the better things to have right outside the door.
I live opposite a park with children's play area and the noise is, generally happy in nature, subsides in the early evening and far less as the school holidays ended.  Occasionally, the frequent ice cream van is an inconvenience if they play the "sold out" tune while I am on a Team call.  I can't really moan about it though.  Children should be happy and outdoors enjoying their lives.

Maybe the impact for the OP will subside now that the school term has started.

I can't see that there is any ground on which the OP can successfully claim against anyone over this.

Jakeh_2

Postik said:

MultiFuelBurner said:

I would have looked at the planning on the local authority site to be honest but then we are seasoned house buyers.

This is something your would of expected to be on plans and pictures when you were shown your house plot as well as picked up on your solicitors pack of info?

Did the OP use the builder's "recommended" solicitor I wonder?  Because this is exactly the kind of thing they can gloss over if it suits the builder.

I actually used a seperate solicitor, but they were awful. Constantly forgetting to send stuff, forgot I had paid X amount to the builder already etc. 

Herzlos

Unless you can prove some kind of deception then I'm not sure you'd have much argument unfortunately.

Most of the plans I've seen for the whole site would have shown the play park, as they usually make a big-ish deal of it in the marketting, though I'm surprised it's that busy as all of the parks I've seen in new build areas have been deserted.

You admittedly weren't to know that they all have one or where it'd be. But at the same time, even if there wasn't a park there and just empty space, kids could play there, or they could play in neighbours gardens or in the street.

What sort of compensation are you expecting? Enough to cover the cost of moving somewhere else? For better soundproofing?

Postik

Unfortunately I don't think there's much you can do, caveat emperor and all that.

Personally I don't think it would bother me, but I have kids of my own so it'd probably be more convenient for me rather than inconvenient.  My main concern might be youths hanging around there at night smoking drugs or damaging things, but there's no point worrying about things that haven't happened yet.

As Grumpy_chap said, I expect the noise will be a lot less now the kids have gone back to school - I can't see many people using it in the day during term time.  And in the winter when it's wet and freezing I expect it will be quiet too.

My parents live near a school and during break times you can hear a lot of shouting, laughing and kids playing but to me it's kind of a nice sound.  Especially compared to the noise from say a busy road or nearby factories.

Jakeh_2

Grumpy_chap said:

Jakeh_2 said:

Live in Scotland. I think I have two separate complaints? But don't know where to start.

Bought a new build from a well known builder 2 years ago. I asked several times, in person and by email what would be built on a grassy space infront of my house. The builder eventually replied with a picture of my plot and surrounding areas saying "it looks like it's just a path". The grassy area was bare.

For a bit more context, I was the first plot on the second phase of the development and the grassy patch is what separates the first and second phase.

Around 12 months ago the builder/factor comes along and builds a children's play park right outside my front door.

Neither the builder or solicitor (who's since been sacked) mentioned any play park. I wouldn't have bought this place.

From speaking to a couple of people in the first phase, who had been in their property for a couple of years, they were aware there were plans for a childs park. So it was always planned as far as permissions go.

I've tried my best to grin and bear it, but I'm at the end of my tether. The constant shouting and screaming from kids is too much and I can't enjoy my own home.

I want to record a complaint as I feel I'm due some form of compensation for being misled (which'd be put towards selling & moving costs) but realistically, am I wasting my time? Have I left it too long?

Perhaps I need more specialist advice from a qualified individual, but money is tight in today's world and the solicitors around my area don't appear to operate a No Win No Fee arrangement, or take client's whom are entitled to Legal Aid.

I'm stuck.

Often, the site plans will show this type of facility - they can be a selling point if there are family-size houses in the Development.

Developers are usually obliged to provide this type of facility as an obligation through the planning process.

Maybe the plan for the first phase showed the park / play area and the plan for the second phase only went up as far as the path as the extents of the second phase.

Did you review the publicly available planning application details for the development?  This would show more detail than might be in the sales literature.
There are all sorts of details in the planning that won't make it to the sales literature:

• Bin stores
• Waste water pumping station
• Electricity sub-station
• Cycle racks
• Children's play area

Of all the things that I can think of that the development needs and wouldn't necessarily make it to the marketing literature, a children's play park is one of the better things to have right outside the door.
I live opposite a park with children's play area and the noise is, generally happy in nature, subsides in the early evening and far less as the school holidays ended.  Occasionally, the frequent ice cream van is an inconvenience if they play the "sold out" tune while I am on a Team call.  I can't really moan about it though.  Children should be happy and outdoors enjoying their lives.

Maybe the impact for the OP will subside now that the school term has started.

I can't see that there is any ground on which the OP can successfully claim against anyone over this.

Thanks for the detailed reply!

The site plans available within the sales office / the builders website are broken up into phases, so you can't see where the two phases connect. There is nothing that shows a holistic view of the estate in it's entirety. There is no mention of the park on the website even today.

I'm currently trawling through all the planning applications, but there's a lot to go through.

For absolute clarity, I have no doubt this park was planned for appropriately, and I think it's great the kids have somewhere to go and play. I am just not a kid person, and wouldn't have bought this house had I known. 

It may well be the case that when I check the planning application, I'll see a map of the estate which the park in situ, but I was a naive FTB with no knowledge such a thing existed.

I was reliant on the transparency of the builder. I asked the right questions, but was given the wrong answer, and that's where my complaint is.

Jakeh_2

Herzlos said:

Unless you can prove some kind of deception then I'm not sure you'd have much argument unfortunately.

Most of the plans I've seen for the whole site would have shown the play park, as they usually make a big-ish deal of it in the marketting, though I'm surprised it's that busy as all of the parks I've seen in new build areas have been deserted.

You admittedly weren't to know that they all have one or where it'd be. But at the same time, even if there wasn't a park there and just empty space, kids could play there, or they could play in neighbours gardens or in the street.

What sort of compensation are you expecting? Enough to cover the cost of moving somewhere else? For better soundproofing?

I can't prove deception, but I can prove they were negligent and provided incorrect information to a very specific question.

It's true if it was an open space it would still have been used by kids which is absolutely fine. Between 3-8pm the park is in constant use and there is often 10-25 kids in the park at any one time. Had it been just a patch of grass I'm confident it'd be less busy as there are other areas of grass on the estate.

In an ideal world I would sell the property and move elsewhere. Any amount would be helpful.

user1977

Your contract will almost certainly have made clear that you were not relying on any marketing information or other comments from the sales team, and probably explicitly said that the developers could develop the remainder of the site how they liked. There is no general concept of "mis-selling" and definitely not in the case of buying a house.