Plans not fully followed

Papav3r

We recently closed on a new build and have been having a back and forth with the developer over some of the landscaping. He keeps coming back and saying things aren't in scope.

I went online and found the developer didn't follow fully the plans that were approved on Wicklow County Council in relation to some of the landscaping in the gardens. Is this something I can bring up and hold them to deliver after the fact or am I fighting a losing battle?

It mentions in the approved plans that the retaining walls should have climbers trained to the wall.

In my mind they should have to deliver what was approved in the application?

Thanks

muffler

If it was shown in the drawings then yes the developer has to do it. Check the planning file in your local Council first to see if any amendments have been approved.

Doop

For the sake of a couple of climbers is it really worth it ... you are probably talking less than €100 in terms of value. You can plant what you want this way.

StupidLikeAFox

https://www.boards.ie/discussion/comment/121086143#Comment_121086143

Even if the houses have been sold? Does the onus not fall onto the new property owner after purchase has been completed?

muffler

https://www.boards.ie/discussion/comment/121100707#Comment_121100707

The registered owner becomes responsible unless it involves easements for services. That is why pre-purchase surveys and issuing of appropriate certification are an important part of property transfers.

Papav3r

https://www.boards.ie/discussion/comment/121100434#Comment_121100434

It would probably be closer to €3000. The climbers would need to be mature enough to reach the wires they have on the wall. So maybe €150 a pop and there are two levels of retaining wall to cover.

So if I can get him to honour what was in the plans. I'd definitely be pushing for it.

Doop

https://www.boards.ie/discussion/comment/121132646#Comment_121132646

The plans don't actually state the ages of the plants. (Landscaping is usually representative not to scale on a drawing)

I think you've got a difficult argument on your hands. But I wish you luck

https://johnstowngardencentre.ie/fallopia-aubertii-2-ltr-4-canes-500030724.html

Victor

https://www.boards.ie/discussion/comment/121100707#Comment_121100707

A certain onus does fall on the purchaser, but the vendor has responsibilities to the purchaser. The contract usually requires the purchaser to raise patent (obvious) defects in the first 1-2 years.

Mellor

https://www.boards.ie/discussion/2058312789/plans-not-fully-followed

What does your contract of sale say. The planning permission determines what has to be done, not who has to do it. if you purchases as-is, then it's your responsibility.

https://www.boards.ie/discussion/comment/121132646#Comment_121132646

They will grow into mature climber pretty quickly and satisfy the requirements.

Papav3r

https://www.boards.ie/discussion/comment/121136580#Comment_121136580

I checked it with Wicklow County Council.

They have said "if covered in their planning conditions you do have a right to request them."

sydthebeat

https://www.boards.ie/discussion/comment/121138039#Comment_121138039

yeah, as typical a non answer as you normally get from a local authority.

Mellors point above stands. If the contract and the certification just covers the dwelling and then "in so far as site works are complete".. then in that situation you as the end use purchaser will be ultimately responsibility for complying with planning conditions.

there can be some conditions that are "time" dependent, such as landscaping. i often see condition of planning which state landscaping is to be installed in teh "first planting season", and if the dwelling is finished and required to be signed off, then the certifier signs off with that line "in so far as site works are complete" which covers them for the incomplete works

Mellor

https://www.boards.ie/discussion/comment/121138039#Comment_121138039

Kind of irrelevant what they say tbh. They are not privy to the details of the contract. They are just making a wide generalisation.

It's the either your responsibility, or the developer's responsibility. The biggest factor of who is the contract