Author Topic: Persimmon Planning Breaches Garage In Wrong Place  (Read 2936 times)

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Dave36

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Persimmon Planning Breaches Garage In Wrong Place
« on: March 26, 2016, 08:24:03 am »
Should a solicitor acting on our behalf to purchase new build from a national builder check that the builder's plans are the same as the plans approved by the local council in respect of positioning of property including the garage on the estate?

We have a dispute that the garage and possibly the house has not been built as per the approved council plans.



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Re: Persimmon Planning Breaches Garage In Wrong Place
« Reply #1 on: March 26, 2016, 09:43:36 am »
Your solicitor should be doing everything possible to ensure you are buying what you have been sold and that it has been built in accordance with approved plans (planning permission). Your solicitor should be looking after your best interests.
If the garage or house has been built in the wrong position, it will be you as the property owner who could be forced to demolish and re build in the approved location.
You could of course in all probability, recover the costs from either your solicitor (negligence) or the house builder, but do you want the hassle?

I would suggest that if you intend to go ahead you (or your solicitor) should ask the council planning department to check and confirm that your property has been built to the approved plans (ie. in the right location) and get this in writing.

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Dave36

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Re: Persimmon Planning Breaches Garage In Wrong Place
« Reply #2 on: March 26, 2016, 10:19:29 am »
Thanks very much for your reply. It has confirmed what we thought.
We were unsure how to proceed.
To give a little more information:

We were bullied into exchanging a contract on 27th January with Persimmon by putting a deadline on the exchange. We had a chain of five on our sale which had been delayed due to delays with Council searches which four of our chain were dealing with. About 60 days to get the search!!

We constantly asked the site foreman where the garage was going to be built on the plot. He could not or would not tell us. The remaining land for the garage (as seen) was big enough to accommodate two double garages so we assumed it would be far enough away from the house not to worry.

Two days AFTER exchange, the garage base was put down 1.4m from the corner of the house at the nearest point and completely blocking the view from the dining room window. Also height was above the main bedroom window giving us a view of the top 3 feet of the garage roof apex.

We have spoken to the South Norfolk planning who have confirmed in writing and with accompanying plans, that there have been several breaches of planning on our plot and that they have notified Persimmon. They have suggested that Persimmon put in a revised application which should then be accepted.

Complication two..... The farmer who sold the land to Persimmon is claiming part of the garage has been built on his land. We have a meeting with his land agent to discuss this on Tuesday. The land agent and farmer are very much on our side.

Our solicitor , the one offered by Persimmon (with a £500 discount if we used him) has not replied to two emails sent earlier this week regarding the problem or returned a telephone message I left with his reception yesterday.
All in all a complete mess.

Just to add to our problems, we moved out of our house having completed the sale on 5th February after Persimmon advised a completion date of end of February, early March. As you may guess this has now been extended, even without the latest complications, to end April/May.
We have been living in our caravan since 5th February with all our possessions in storage at just under £80 per week.
We suspect we would have a claim against the solicitor for negligence or collusion with Persimmon.
We really are in total meltdown mentally and physically.
Any advice would be more than welcome.

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Re: Persimmon Planning Breaches Garage In Wrong Place
« Reply #3 on: March 26, 2016, 11:11:57 am »
Nearly all house builders stipulate a 28 day exchange period.
You do have to get what you were sold. The onus of proof is on you and any records you kept or were given. I always advise buyers audio record all conversations with house builders’ staff - trust no one.  Read the Consumer Code for Home Builders. They have probably breached a few requirements although getting justifiable compensation is unlikely even if you succeed.
This is why Britain needs a New Homes Ombudsman.
You can claim your all your provable costs such as furniture storage etc using the CCHB. Keep receipts!
 
You have made the number one mistake - Using a solicitor recommended or suggested by the housebuilder.  (even with a £500 bribe!) He will nearly always protect the house builder interests ahead of yours as you will find out.  My advice would be to ditch him and appoint your own. See CCHB Requirement 2.5!  You should make your solicitor aware that you will report him to the law society if you believe he has not acted in your own best interests.
The land issue is familiar one and something that has happened before!
See this on the Unhappy New Homeowners Facebook Group
and this blog also about a Persimmon land ownership issue
 
You must not legally complete until a revised planning application has been approved.
Your solicitor should also check that the garage is not built on land not owned by Persimmon before you Legally complete too.

My advice to you is to contact Geoff Peter at www.wingrovelaw.co.uk as soon as possible. He specialises in getting justice for new home buyers. He will be able to better advise you on the legalities of your case and suing your solicitor is you have cause to.

You are right,  it is a mess and you haven't even moved in yet!
I always give good advice on my website and blog, yet people still buy new homes from a 3 star house builders with  terrible reputations such as Persimmon. 
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.