Purchasing New Build - Plans changed

lawred2

Hi,

I'm about to sign contracts on a new build just down the road from where I'm renting... It's a small development of larger than standard A rated homes.

I went sale agreed and paid booking deposit when the house was at foundation level (it's at first floor blockwork now).. i.e. from evaluating detailed architect's plans.

The plans have been changed slightly in advance of the official launch in 2 weeks time and we are not happy with those changes. The estate agent has said that we needn't worry as the builder will still build our house inside according to the original plans that we paid booking deposit on.

Should I be looking to get my solicitor involved to ensure that this is formalised? The agent (who is actually a nice enough lad) said a side agreement should be sufficient and that our request won't be 'forgotten' but I don't think believe for a second that that's a sufficient enough guarantee..

GavMan

What is the change?

Is the new specification within the planning permission they received?

Get it in writing that your unit will be built to the spec that you put money down on would be my advice. Lawyer up and walk away if you have too.

lawred2

Nothing external. Only internal stud wall changes... moving walls about which we think will actually lead to a reduction in functionally usable space. Wouldn't imagine that there is anything that would contravene planning permission.

Yeah; I've been in touch with the solicitor. This is annoying because I'm sure it will lead to my legal bills being higher at the end of all this..

antoinolachtnai

You need to be really specific with your solicitor in relation to your requirement. However, your builder may still not be willing to lock in the floor plan in the contract.

Even if he does lock it in, it doesn't necessarily mean it needs to be built to your spec. This may seem counterintuitive but if the wall is put in the wrong place, you can't necessarily require the builder to pay the cost of moving it to where you want it, even if it is specified in the contract.

This is a very technical area of contract law unfortunately. Even if you put a specific penalty in there, it might look very solemn, but it might not be enforceable. You need to get specific legal advice on this.

The main thing is to get the agreement of the developer, the builder (by which I mean man with concrete on his pants), the foreman and the carpenter to build the wall in the house the way you want it. You need to put your hard hat on and visit the site frequently (or have your surveyor or architect visit frequently) to make sure everything is done the way you want it.

lawred2

Thanks for the advice

Well somewhat of a compromise has been reached... a house that was constructed according to the original plans that we initially agreed upon has been offered to us.

Bit of a balls because it means that the bank will have to redraw the loan offer based on the new house etc

But at least we know for sure that we're getting the layout that we agreed upon

antoinolachtnai

That is a really sensible solution. It really won't be much more trouble, as long as you are happy with the house, aspect, closing date, etc. It is going to be easier to get mortgage approval for a house that actually exists as opposed to one that isn't built yet.