Advice on buying a brand new home > Harron Homes

Change to plans

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Lucymoyers:
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

New Home Expert:
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.]

Lucymoyers:
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!

New Home Expert:
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

Lucymoyers:
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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