Has a MAJOR developer mis-sold to me????

crispy71

In Jan 2006 I bought a 2 bed 1st floor flat in Manchester. Then in Mar 2006 the builder (no names mentioned but their first name is that of a saint and the second is a burger store/character out of popeye!) decided to build a bin store out side the juliet balcony in my front room.

I went to the local newspaper and the Sales Director told them that they had planning permission for the bin store. So I followed this up with the council to ask why I wasn't informed of the location of the store as it was done after I moved in. The council advised that as the bin store is just a couple of those large rectangular bins on wheels and the 'store' was 3 sides of normal size fencing panels attached to a wall with a gate, it was classed a temporary structure and under town and country planning laws didn't need planning permission.

The builder then said they would move the store and then when they were due to do so refused to move it, saying they had changed their mind.

So the sales director lied to the local newspaper by saying they had planning permission AND now I am trying to sell the property people keep referring to the bin store as a major reason why they don't want to buy the flat (smell in the summer etc...)

Has GW mis-sold me the property, which I am now struggling to sell because of this bin store????

If so can anyone advise of someone I should speak to? The builder doesn't want to know!!

EliteHeat

If no planning permission is needed, why not move it yourself?

Anyway, I didn't think people needed any excuse not to but flats in Manchester at the moment.

crispy71

Although I am very tempted I would be interested in how I stand with regards the law if I were to remove the "temporary erection", or whether I could sue to builders.

moonrakerz

crispy71 wrote: »

I would be interested in how I stand with regards the law if I were to remove the "temporary erection"

Hmmmmmmmmmmm!

crispy71

Well done Moonrakerz :T

olly300

crispy71 wrote: »

Although I am very tempted I would be interested in how I stand with regards the law if I were to remove the "temporary erection", or whether I could sue to builders.

Read your lease.

The lease will have information about what you and the freeholder are and are not allowed to do, and how to contact your freeholder.

Also you can then contact leaseadvice.org.

McAzrael

If I am reading this correctly, the bin store was built after you moved in, and presumably there was no promise that there wouldn't be a bin store when you bought the flat (why would there be?). There was nothing on the plans because it didn't require planning permission. This doesn't sound to me* like a misrepresentation case, but instead you may have a claim in nuisance. Speak to your solicitor or a CAB. http://en.wikipedia.org/wiki/Nuisance

*I'm not a lawyer, so I shouldn't pay too much attention to me.

Edit: Claim would be against the freeholder, who might or mightn't be the builder.

lawrie28

wouldn't be the first time said builder has done something like this. We took thm through trading standards for a playground they misled about 10 home owners on the location of. Trading standards wanted to prosecute, but because the deception was at the time of the sale, and they only built the playground 3 years later, nothing we could do, because of timescales.
They new this and literally laughed in our faces about it.

They will know they have done nothing wrong, so don't waste your time with them. I'd move it, dismantle it, burn it down, whatever you need to. As long there is somewhere to put bins and it doesn;t affect anyone else you should be fine.

crispy71

has anyone any further ideas on this???