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    • JarrodM14
    • By JarrodM14 9th Apr 18, 6:34 PM
    • 4Posts
    • 0Thanks
    Missold a House - Advice Please
    • #1
    • 9th Apr 18, 6:34 PM
    Missold a House - Advice Please 9th Apr 18 at 6:34 PM
    Hi All,

    Just hoping someone can help me before I speak to the Regional Director of the builder.

    We purchased a new build property and moved in November. We were shown all the plans and all was fine, there is no pedestrian pavement so street lights were to go in a communal piece of shrubbery across the road.

    This week contractors have dug up the road and put a lamppost in right outside my house (on the road but that is an issue for another day!) which now blocks me from reversing off my drive.

    I have questioned this with the builder and they have said its the responsibility of the planning department. I have checked the original planning permission and the lamppost is correct to be where it is. In essence when we purchased the property we were shown the wrong plans, we wouldnt have purchased it if we knew the post would be there blocking me reversing off the drive. The salesperson has said that the planning reference will all be tracked on my application so they will be able to see I was shown the wrong plans, but I am best off speaking to the regional director as it is above her paygrade.

    Can anyone give me some advice before I speak to them?

Page 2
    • davidmcn
    • By davidmcn 9th Apr 18, 9:20 PM
    • 9,080 Posts
    • 9,673 Thanks
    We didn't review PP plans, unfortunately we did use the developers recommendation.
    Originally posted by JarrodM14
    No matter which solicitors you use, they're not going to delve into your reversing preferences or where you'd like lampposts to go.

    Any remedies are going to arise from your contract. Which leaves you (probably) with a few problems:

    1. it may well say that the developer will build in accordance with the planning consent. Which is what they ought to do anyway. They can't just shift the lamppost without going back to the planners.

    2. the contract is also likely to say explicitly than any brochures etc you might have seen are not binding on the developers.

    3. the developers will always give themselves some leeway to make amendments to the development (especially about stuff which isn't even on your plot).
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