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Bought off plans, house not built to plan

  • 22-02-2016 5:35pm
    #1
    Closed Accounts Posts: 8


    Hi,
    A quick query here to check that I'm going about this right.

    Paid contract deposit 10% on new build bought off plans with drawings which were provided to us in the contract. House is now built and when I inspected it, they've omitted an under stairs storage room, which is clearly marked on the plans with stud wall and door opening and room dimension shown.
    I've spoken to the foreman and shown him the contract with the drawing, he's saying they're working off different,newer drawings which have removed this storage room. They're washing their hands of it basically.
    Am I correct that this will have to be sorted out by them given it was on the plans supplied to us. I've contacted our solicitor and am awaiting a reply, but to me this seems black and white issue.

    Thanks


Comments

  • Moderators, Society & Culture Moderators Posts: 40,361 Mod ✭✭✭✭Gumbo


    You'll probably find that the contract plans and contract have a paragraph stating that the layout in indicative and generally what you will get although they reserve the right to slightly alter the layout to suit any building or planning regulation changes that arise.

    Did you get the storage in another location?
    I would double check that the minimum amounts of storage as per the development plan for your area at the time of granting is adhered to.

    Is this a game changer? Will you back out if the storage area is not giving?


  • Closed Accounts Posts: 8 seamqs


    I've been through the contract and it does state they can alter it to suit any planning regulations. This is a change for cost cutting reasons though. They've built a previous phase which all have this storage room. They've also removed a utility room which was attached to the kitchen in order to 'enlarge the kitchens' . We knew about the utility room going, and could see that in the drawings supplied. The under stairs storage room going though was a shock. And no there is no other storage area in the house, hence why we are fighting this. Literally nowhere else to store Hoover/ironing board/mop and bucket. Except to leave them in the open area which now exists under stairs, and will look awful IMO.
    Yeah it's a deal breaker for us, they've cut so much from the first phase already that this is a step too far. You'd imagine that common sense would prevail with the builder given that it's not a huge job to remedy


  • Moderators, Society & Culture Moderators Posts: 40,361 Mod ✭✭✭✭Gumbo


    Just have to fight your case with them and talk to your solicitor to see if it's a big enough change to allow the voiding of the contract.

    What new development is it?


  • Closed Accounts Posts: 8 seamqs


    kceire wrote: »
    Just have to fight your case with them and talk to your solicitor to see if it's a big enough change to allow the voiding of the contract.

    What new development is it?

    In my opinion it is a major change and not a minor one ( due to the fact it leaves no storage whatsoever) it's basically a room (albeit a small one) being omitted.
    Will see how we get on with solicitors.


  • Moderators, Society & Culture Moderators Posts: 40,361 Mod ✭✭✭✭Gumbo


    seamqs wrote: »
    In my opinion it is a major change and not a minor one ( due to the fact it leaves no storage whatsoever) it's basically a room (albeit a small one) being omitted.
    Will see how we get on with solicitors.

    Best of luck, they would be my first port of call.
    I would also check the original planning permission and see if the drawings submitted have used that space towards the housing storage minimum requirements. Then they could technically be in breach of condition No. 1 of their granted permission.


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