Manhole/access hatch

[nathyp]

When moving into my new home I was surprised to see a manhole access cover directly in the middle of my lawn as I had no knowledge that there was meant to be one there. At the time I accepted I must have missed it on the plans as the site manager assured me it would have been there.

Anyway a few months later I received the land registry documents back and had a look through the build plans which myself and the sales team had signed (Now I don't know if manholes are usually displayed on these) but my rear garden showed no signs of any manholes planned.

I then walked to speak to the salesman about this, he then got the main site plans out and they too showed no sign of any in my garden and that it should have been three properties away.

I have rang customer care who informed me that sometimes change happens and there is nothing they can do about it and then even had the cheek to tell me to just put a pot on it.

What can I do?
All help very much appreciated
Thanks

[New Home Expert]

Firstly, I am sure you realise that it is unlikely that anything can be done. All you can do is make a feature of it with planting and a few stones.

However, if this was shown on the plans and would have influenced you to buy another plot, then it was a material fact that you have been misled on either intentionally or because of a site revision as works progressed. It may even have been agreed with the warranty inspector and/or building control at the time. So the housebuilder (who is ? by the way, we always name and shame here!) customer care is at least offering a valid explanation.

The only course open to you is to ask for a cash compensation as you were obviously not shown a plan that was accurate and indicative of what you were being sold. This contravenes the Consumer Code for Home Builders. You can make a claim but if successful (the burden of proof is with you) don't expect anything more than £250 plus you £120 fee refunded. Click on the link and follow the links on the 3 pages to find out more.

[nathyp]

Update

Persimmon have dealt with this matter very well, but only when I took it to the Consumer Code for Home Builders Dispute Resolution.

They have agreed to move the manhole and re turf the area. They also offered me £120 for my registration fee and I was awarded £250 compensation for inconvenience which I have accepted.
The work was carried out within a week and the cheque arrived within 10 days.

[New Home Expert]

I am pleased that you have been successful after taking my advice.
To say Persimmon "dealt with this matter very well" is incorrect.

They brushed you off and ignored your complaint until after you used the CCHB to get a ruling on your complaint - some 4 months after you posted!
If you hadn't used the CCHB-AS, Persimmon would have done absolutely nothing.
Persimmon knew they had breached CCBH requirements and were therefore given no option but to comply with the CCHB Adjudicator's ruling.

What is even more galling is that you choose to praise Persimmon, but have not given any thought to making a donation or acknowledge that this resolution was due to the specific advice you have received on this forum.

You might be well-advised to use some of your £250 "compensation" to get your boiler installation independently checked!

[nathyp]

My quote was "Persimmon have dealt with this matter very well, BUT ONLY WHEN I took it to the Consumer Code for Home Builders Dispute Resolution"

And thank you for pointing me in the right direction with the consumer code it has been very helpful wil be for future reference also.