Author Topic: Misrepresentation of new build home - home not built to approved plans  (Read 525 times)

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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.

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
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.

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