Author Topic: Change to plans  (Read 2658 times)

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Lucymoyers

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Change to plans
« on: December 07, 2016, 09:54:15 am »
I'm hoping someone can help on here. We moved into our new house in July this year. On our 'home tour' we mentioned that the house behind us looked very high.
We were told by site that it had been built too high and that it was causing site a headache.  No one could tell us the plans for what would happen to our garden. We asked numerous times.

I have been checking the plans at the council to see if any changes have been submitted (they haven't) and now an enormous retaining wall with an ugly fence on top has been erected completely spoiling my view and garden.

I have rechecked all plans and the wall is not on anything I have seen. It was supposed to be about 1m higher level at the back of us but it's much more.

Further to this, the fence has been fixed by posts running down the retaining wall at my side. It looks horrendous. If I had known a retaining wall was involved I would never have bought the house.

Am I right in thinking we should have been informed about this change and given an opportunity to back out? I am planning on seeking legal advice but I wondered if anybody here knows anything before I do.

Thank you
Lucy


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Re: Change to plans
« Reply #1 on: December 08, 2016, 10:45:00 am »
Who is the housebuilder?
This large retaining wall at the rear of your property is clearly a material change that would your decision to buy.

But could it be that what you were shown on the plans when you reserved was different and was this still the case when you moved in?

Either way I do think you have a case for a breach of one or more requirements to the Consumer Code for Home Builders
1.2 If you never received a copy of the Code.
1.5 Incorrect sales and marketing information.
2.1 Pre purchase information.
3.1 (b) Notification of changes.

Could it also be the case that the home at the rear which presumably has been built higher than the council planning approved plans show, should have either a retrospective planning application, which you could and should object to, or should be demolished as it does comply with the approved plans.

Finally is the retaining wall and fence your boundary responsibility?
From what you have said it could be that the fence may be able to pull the wall over (leverage) if the wind is strong enough in a particular direction.

You really need to write to the housebuilder and get your complaint on record.
Consider what outcome you want or need:
1) Your home bought off you by the builder.
2) The rear house knocked down and the retaining wall demolished.
3) A cash settlement to accept it "as is"

You will also need to have exhausted their customer service procedures before making a claim using the Code [CCHB.]

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Tim Fee Snagging Inspector

Lucymoyers

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Re: Change to plans
« Reply #2 on: December 08, 2016, 02:09:44 pm »
Thanks for your reply.
It's Harron Homes !!!
We have never been notified of any changes and the wall is not on the plans which have been approved. When we moved in nobody could give us a decision on what was happening with our garden as they were having problems with the house next door being higher than expected.

No one has consulted us about this. And I would have bought a different plot if I had known.

I am not sure if I am responsible for the wall now.

It's a shambles!

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Re: Change to plans
« Reply #3 on: December 09, 2016, 06:06:36 am »
That's the second Harron Homes post on the forum this week.
They really must be bad given they build so few homes.

Check the Title Deeds and look for a "T" on the boundary. If it comes into your garden it's your baoundary and your wall!

You definitely have a case and should write to Harron Homes requesting a deadlock letter so you can take the matter further with a complaint to the CCHB AS
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Lucymoyers

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Re: Change to plans
« Reply #4 on: December 09, 2016, 09:21:54 pm »
Well the plot has thickened somewhat......
We have obtained engineering plans dated May 2014 from a neighbour which show the retaining wall.
BUT I and my immediate neighbour were never shown any plans with a retaining wall even after going through detailed plans with the sales office and, at the request of my solicitor,  I asked Harron Homes if there were any retaining walls to be told "No it was quite flat where we were buying."

I have no proof of this conversation as it was with the lady in the sales office.
I'm currently waiting for my solicitor to get back to me. Surely he must have checked himself but it's written into my purchase agreement that I am told if there are retaining walls!
Looks like I've fallen foul of the old get everything in writing!

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Re: Change to plans
« Reply #5 on: December 10, 2016, 08:12:03 am »
First of all you need to get a copy of the neighbour's engineering plan showing the retaining wall.
You will need this as evidence for whatever action you decide to take.

Secondly, did you use a solicitor recommended or suggested by Harron Homes or worse did they force you to use the one they wanted?  If this is the case, 'your' solicitor will be worse than useless to help you with this matter.

If you have it in writing that you would be informed if any retaining walls were going to be built and were clearly not then this is a clear breach of contract.
If you have legal expenses cover with your home insurance policy they will probably pay for you to take legal action against Harron Homes.

Perhaps you could post a photograph of the retaining wall and fence?
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Lucymoyers

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Re: Change to plans
« Reply #6 on: February 03, 2017, 07:11:17 pm »
Sorry for the delay. The temporary fence came down today so I have a picture of our wall!!!! Going to see how it pans out as I'm in talks with the director before I get a surveyor to look and instruct legal representation!
How do I attach a picture?


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Re: Change to plans
« Reply #7 on: February 04, 2017, 12:19:29 pm »
Click modify then under the white square you type in click +Attachments and other options.
Browse  Find the photo on your PC. Click insert and then Post.  If it is too large or too manby pixels it may need reducing a bit. 900 px wide is best.
New Home Blog - New Home Expert is committed to providing help and advice for people having issues with their new homes and difficulties with house builders as well as helping potential buyers reduce the risk of possible problems if they do buy.

chemistdude

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Re: Change to plans
« Reply #8 on: February 19, 2018, 10:44:59 pm »
How come Harron Homes doesn't have its own board?

Admin

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Re: Change to plans
« Reply #9 on: February 21, 2018, 11:26:17 am »
Good idea!
Which is why today I have set up a Harron Homes sub category and moved all the Harron Homes posts.
People thinking of buying form Harron Homes really should read these 9 posts!
BRAND NEW HOMES
Providing information for the UK new home buyer.

chemistdude

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Re: Change to plans
« Reply #10 on: February 23, 2018, 08:49:51 pm »
Excellent! Thank you! Will give the board a read now.