New Build Plans Change

FLCTKD129

 I bought a new build and we got the plans and knew that more houses would be built behind us. We were sold the property explaining that the new builds would be lower down and not block our view. This is all on the plans, they have started to build them and they are way higher up than on the plans and blocking our view is there anything we can do if it’s on the plans? 

user1977

Let's see your purchase contract. I suspect it'll have a clause saying they're not making any promises about future development around you.

NameUnavailable

If you haven't exchanged yet I guess you can pull out - you need to check the T&C's about any deposit you paid.

If you already own the property then assuming all the planning permissions are in order, nothing you can do as far as I know?

FLCTKD129

It states 

The Property Plan attached is intended to delineate the position of the boundaries and the approximate extent of the Property only and whilst the Seller believes that the Property Plan is approximately correct, no warranty is given or implied as to its accuracy and no reliance should be placed on the other details shown on the Property Plan or Estate Plan or any other plan or drawing supplied by or on behalf of the Seller which may be changed by the Seller without reference to or the consent of the Buyer AND the Seller reserves the right to make adjustments to the boundaries of the Property but so that such changes will not significantly alter the area of the Property nor substantially diminish the use and enjoyment and/or value of the Property and any such alteration shall not:

1. entitle the Buyer to rescind this contract; or
2. give rise to any claim for compensation or damages by either party.

However, it states the use and enjoyment of the property, would this not take into consideration the building in front of our Nicols’s which wasn’t supposed to happen? 

gazfocus

Unfortunately the wording of the contract seems to absolve the developer of any liability so not really a lot you can do. 'Use and enjoyment' means your ability to use/live in the property and not specifically whether or not you enjoy living there.

user1977

A different view from the one you were expecting is not something which objectively "substantially diminish[es] the use and enjoyment and/or value of the Property".

I take it there is nothing else in the contract about how they develop the remainder of the estate?

BarelySentientAI

FLCTKD129 said:

It states 

The Property Plan attached is intended to delineate the position of the boundaries and the approximate extent of the Property only and whilst the Seller believes that the Property Plan is approximately correct, no warranty is given or implied as to its accuracy and no reliance should be placed on the other details shown on the Property Plan or Estate Plan or any other plan or drawing supplied by or on behalf of the Seller which may be changed by the Seller without reference to or the consent of the Buyer AND the Seller reserves the right to make adjustments to the boundaries of the Property but so that such changes will not significantly alter the area of the Property nor substantially diminish the use and enjoyment and/or value of the Property and any such alteration shall not:

1. entitle the Buyer to rescind this contract; or
2. give rise to any claim for compensation or damages by either party.

However, it states the use and enjoyment of the property, would this not take into consideration the building in front of our Nicols’s which wasn’t supposed to happen? 

No, because that clause is talking about where the property boundaries are and the size of the plot.