Author Topic: Can Persimmons change my front garden after I move in?  (Read 6422 times)

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0204900

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Can Persimmons change my front garden after I move in?
« on: February 16, 2015, 01:24:57 pm »
We have been in our new build house four and a half months and today the builders have turned up and announced they are planting a tree in our front garden.

We have already made changes to our garden and planted a tree of our own that they now wish to remove.
Can they do this?
I don't remember there being trees on the site plan when we bought the house although I can see online that the site plan has been updated 3 days ago and the new version does show trees.
Any advice?
Clearly we'd rather keep our  own tree and have the builders fix our snagging which they haven't done....


New Home Expert

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Re: Can Persimmons change my front garden after I move in?
« Reply #1 on: February 17, 2015, 09:04:29 am »
As far as I am concerned, provided the area in question is actually your land, that is conveyed with the property, then Persimmon are not allowed to do anything or enter onto your property without your express permission.
If they were stupid enough to remove your tree that would be criminal damage and theft.
Please take photographs of your garden as it is now and ask a neighbour to witness you doing so.
If they then do anything take more photos if you see them and take legal action!

It could be that Persimmon are trying to meet conditions attached to the planning approval and submitting a Landscaping plan and planting in accordance with it may be such a condition. It may be that trees could not be planted until the correct planting season.
Notwithstanding this, there is nothing to stop you tearing down the tree and anything else you don't like as soon as it is done.

As you say, Persimmon would be better concerned with doing works you want like fixing the defects in your home.

You could also consider yourself fortunate that you actually have a front garden!
Most new homes just have a 300mm wide narrow strip of planting behind a public footpath!

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Josh4523

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Re: Can Persimmons change my front garden after I move in?
« Reply #2 on: April 26, 2015, 02:36:24 pm »
Hello,
I also bought a Persimmon home and when I went to the solicitors to sign the contracts etc, he read out all the T&Cs that they have on your property. If they are anything like mine then it will mention that they have full rights to plant trees if required to keep in with local surrounding areas.

The worst part about this also is that the solicitor said usually house builders have a 2 year hold on a property to stop any changes whereas Persimmon is on the house permanently. So 5 years down the road if I wished to extend mind then they would have to be notified and quite possibly paid or could even stop you doing something on your own house.

I am know this is what was on my house bought 6 months ago under the contract but my brother bought a house they built secondhand and he said he didn't get all the T&Cs like I did so I am not sure what would happen if he wanted to change his house?

I would read through your contracts maybe?

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Re: Can Persimmons change my front garden after I move in?
« Reply #3 on: April 28, 2015, 07:40:11 am »
All house builders put covenants in the deeds to stop the new owners doing things.  usually these could make the other homes more difficult to sell such as:
Storing and boat or caravan.
Parking of commercial vehicles. (Including vans etc)
Changing the colours of the external walls and front door.
Changing the front landscaping

All perfectly reasonable and understandable.
But these covenants should normally only last for what I think is called a "Perpetuary Period" usually two years, enough to build out and sell the remainder fo the development. After this they normally lapse although as you say, some may be permanent.

Yet another reason NOT to use any solicitor chosen or suggested by the house builder!
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