Author Topic: Misrepresentation of new build home - home not built to approved plans  (Read 653 times)

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hb

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Dear All,

We purchased a new home from a builder over two years ago and really need some advice.

We purchased a new home off-plan which showed a detached garage and the builder has built twin garage linked to our neighbour which does not have planning permission.

During the purchase process we jointly (builder and myself) signed a document called the reservation checklist which clearly states the home will be built with a driveway and single detached garage.  The reservation checklist also references various approved plans which show the home to benefit from a single detached garage. This is what we based out purchase on.

The builder did not allow us on site until 5 days prior to completion and this is when we informed them about the garage. The builder stated that we could not delay contract exchange as this is deemed a minor issue.

Several months ago the builder applied for retrospective planning permission with informing myself, the builder withdrew this application after a written compliant from myself and neighbour.

Both my neighbour and myself  have since received letters from the local council advising our garages do not have approved planning.

I have spoken with several people who have all said get a solicitor, we do not have the funds to instruct.  Does anyone have a view on how we can get this matter resolved?
Many Thanks



New Home Expert

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Re: Misrepresentation of new build home - home not built to approved plans
« Reply #1 on: February 24, 2018, 06:16:08 am »
For a start, from what you have said this is a clear case of mis-selling.
What you and the housebuider signed at the time of reservation is clear.
Add in the fcat that what was actually built doesn't even have planning permission adds more to your case.

The Consumer Code for Home Builders is probably the place to go. The maximum payout is only £15,000 and very few get that, but I think you have a strong case. It costs just £120 to make register a complaint and it is quite quick. You should add the registration fee to the amount you are claiming.
http://www.brand-newhomes.co.uk/consumer-code.htm
http://www.brand-newhomes.co.uk/consumer-code-dispute-resolution.htm
http://www.brand-newhomes.co.uk/claiming-compensation-adjudication-scheme.htm

Alternatively you could join forces with your neighbour and take legal action.
Contact give Timothy Waitt Solicitor & Partner at
Anthony Gold Solicitors
The Beehive Coffee Tavern
496 Streatham High Road
London SW16 3QB

DD 020 7940 4090
T 020 7940 4000
F 020 8664 6484
DX 58604 Streatham
Website anthonygold.co.uk
Twitter @Anthonygoldlaw


Why haven't you named your housebuilder?
It helps warn others and makes it easier for me to advise other buyers in similar circumstances.

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.


Teddybear581

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Re: Misrepresentation of new build home - home not built to approved plans
« Reply #2 on: October 22, 2018, 03:53:45 pm »
Sorry to jump in on this post 
But could I just ask if leaving out information that would have resulted in not buying come under  misrepresentation in the same code?
We were not told that scaffolding would need to be erected in my garden one year after we moved in to allow another house to be built and also we were not informed that there are no pavements, just a road called a "shared space" where cars  drive, children play and pedestrians walk on.  Being an OAP this has badly affected me and  I just can't get my head round the fact that I have to walk on what I have always called  Road.

Had we been told if either one of these we would not have even considered buying this house.

New Home Expert

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Re: Misrepresentation of new build home - home not built to approved plans
« Reply #3 on: October 25, 2018, 09:00:30 am »
Not misrepresentation, but withholding pertinent information that a buyer would need to make an informed buying decision. This is covered under The Consumer Protection from Unfair Trading Regulations 2008.

The, in my opinion, highly ineffective Consumer Code for Home Builders started in April 2010 and its requirements mirror those required by law in these Regulations.

You should have been informed about the scaffolding.
You should have been shown a plan showing you the site layout and had the fact that the road would have no pavement and that these roads were not being adopted by the council and that annual charges for their maintenance would also apply. 

I only hope you have not also been duped into buying a leasehold new house!
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.

Teddybear581

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Re: Misrepresentation of new build home - home not built to approved plans
« Reply #4 on: October 29, 2018, 06:12:57 pm »
Thank you so much  for your reply. I will certainly look at the link.
Thankfully my property is freehold...not sure if there are many leaseholds in Scotland xx