Buying New Build with the option of a purchased garage seperately from the builder.

Phoebes20

We are in the process of looking to buy a new build property that is does not have a garage but have been given the option of a garage being built after completion. This has only been by word of mouth the agent and the builder so far . We do not want the property without a garage and it we only considered it when given the option. The garage would be paid for seperately so we are concerned what we need in place legally as for price and particulars and when it will be built . Its the last property available and do not want to proceed on just the presumption they will sort it once we move in. Any advice would be good or from any one thats purchased a garage as an optional extra would be appreciated .TIA

silvercar

Your solicitor will advise you, but you need to make clear to the developer and your solicitor that you will only exchange on the property if the garage is written into the contract.

Section62

Phoebes20 said:

We are in the process of looking to buy a new build property that is does not have a garage but have been given the option of a garage being built after completion. This has only been by word of mouth the agent and the builder so far . We do not want the property without a garage and it we only considered it when given the option. The garage would be paid for seperately so we are concerned what we need in place legally as for price and particulars and when it will be built . Its the last property available and do not want to proceed on just the presumption they will sort it once we move in. Any advice would be good or from any one thats purchased a garage as an optional extra would be appreciated .TIA

Would the garage be built on the land you are buying, or on another part of the developer's land?

It is quite likely planning consent will be needed for the garage, it may be the builder is hoping consent would be refused and they can get out of providing the garage you want by blaming it on the planning authority.

Whatever agreement you have with the developer won't trump planning law.

user1977

What's the thinking behind it being built after completion?

A few potential complications:

• if you are buying with a mortgage, your lender won't value it as having a garage until there actually is one
• your insurer may have difficulties with the builders still being on site (you generally need to tell them about any significant building works)
• the builders might not build it. When are you paying them for the garage?

Phoebes20

The property is already built and was being sold with a drive for two cars. The properties were not selling because most people wanted a garage.  So they re did their listing's with the option for a garage . It will be built in the garden of the property. I think they said it would be after you move in something to do with building regulations.  The garage will be paid for seperate to the property.  

EssexHebridean

And has anyone already moved in and had their garage built? If so, a polite enquiry at the door might help you to find out whether the process went OK for them. I'd personally be very wary of this - it's going to be very difficult to ensure that you don't end up with a house with no garage - and then also an issue around selling it because, as you already know, people don't want to buy those houses without garages! 

Section62

Phoebes20 said:

The property is already built and was being sold with a drive for two cars. The properties were not selling because most people wanted a garage.  So they re did their listing's with the option for a garage . It will be built in the garden of the property. I think they said it would be after you move in something to do with building regulations.  The garage will be paid for seperate to the property.  

Lots of red flags there....

A garage usually takes up more space than a single parking space, and new builds are usually packed in tightly.  Unless these properties are generously proportioned (in which case why didn't the developer provided garages to start with?) it may be the provision of a garage means the effective loss of a parking space, or of garden area required to meet the council's minimum standards.

The words "something to do with building regulations" would also cause me concern.  If the builder intends to comply with building regulations there is no reason why they couldn't tell building control they want to add a garage to the project - possibly with an amendment fee to pay.  A standalone single garage built at a later date might be exempt from parts of the building regs, but as a buyer that doesn't give you assurance the garage is being built properly.  When you come to sell a sharp-eyed solicitor might notice the addition of the garage without all the paperwork they are expecting (rightly or wrongly) to see.  You ought to get a much clearer idea from the builder why their suggested approach is necessary, and ask about the planning situation.

Phoebes20

This new build is not packed in tight and has a large rear garden that it won't make much impact on . The property i live in now the garage is in the rear garden . I'm about to reserve the new build but I am anxious about the garage . The developer/ builder is supposed to be ringing me about it ? I'm not really happy that we have to be moved in . When it was offered to have a garage I assumed it would be built before we moved in and included with the price of the property.  

silvercar

An alternative option would be for you to arrange for the garage to be built. I didn't realise it was on land you would own, so you could do it if that made things easier. You could even phone the local council on a no name basis and ask if planning permission would be needed or if it falls within permitted development.

Brie

Sounds a bit like the sort of scam tactics you get with a "if you don't sign now you'll lose out completely".  Not that the builders are scammers of course but pressure is a well known selling technique.  

Section62

silvercar said:

An alternative option would be for you to arrange for the garage to be built. I didn't realise it was on land you would own, so you could do it if that made things easier. You could even phone the local council on a no name basis and ask if planning permission would be needed or if it falls within permitted development.

OP won't be able to get a sensible answer without giving the address - if the council give any advice for free (many don't) then they would need to check the specifics of the property (e.g. conditions or Article 4 Directions) to see whether the necessary PD rights are extant.

Councils now routinely remove many (or all) PD rights for newbuilds.

If it is published online the OP could check the planning consent themselves, without involving the council.  But only the council could give a definitive answer.