House different from the plans , alterations possible?

BtxKiddo

Hi guys,

i will try to cut it short so:

we are buying a new build to be completed in Q2 next year. We didn’t sign any contract yet but put down a booking deposit. When decided which unit to buy we picked the last one on the block, assuming that the lateral external wall will have windows, adding up to the natural light of the entire house. These windows were on the plans we’ve received but after paying a visit around we discovered that the windows they will actually be absent which is very disappointing, talking about not one but 5 windows that would have been great. The block is going up already with the ground floor kind of done. At this stage i have two major questions and i am looking for advice based on the plans below:

1. Are the builders allowed to remove the windows that were presented on the initial plans without any explanation?
2. Is it any possibility to actually ask them to add at least 1-2 windows or it’s too late to adjust and do alterations as the layout and ground floor is done? (the house in question is a duplex on 1st and 2nd floor) I’m just wondering, is there anything that can be done at all at this stage or just suck it up and just be grateful that we have an opportunity to buy a place? Since we’ve made the booking, prices went up in the whole area and actually nothing else is available…

Many thanks for any reply!

Water John

What's on the planning?

BtxKiddo

Sorry, you mean the plans i’ve uploaded above?

Jim_Hodge

https://www.boards.ie/discussion/comment/121443929#Comment_121443929

No, the planning permission.

Tails142

You'd break a window into a wall and get a lintel in no bother, get onto builder asap, could just be a simple mistake.

Yakov P. Golyadkin

As per Jim Hodge above, have a look at the planning application, any amendments made to it, and any compliance details submitted - The original plans may have featured these windows only for them to be omitted at further information stage, or conditioned out altogether.

Wildly Boaring

It's highly likely they sold you off a generic house plan but planning permission means they've to remove them from the end house

BtxKiddo

https://www.boards.ie/discussion/comment/121444131#Comment_121444131

Spoke to the agent which on her side spoke to the foreman which confirmed there are no windows on the side. Definitely not a mistake.

——-

i’m not sure i’ve found the right plans(as the ones found have a different number for the blocks but same type of duplex) but on the plans submitted on the council authority indeed they DON’T feature any windows on the side elevation. However there are some differences like a second balcony on the second floor per plan but not in reality(moved to 1st floor). can’t seem to find amy amendments made from the initial plans uploaded on the council’s website.

considering all these things, can anything be done at all? Thanks

BtxKiddo

nothing to be done i presume considering we didn’t sign any contract?

Jim_Hodge

https://www.boards.ie/discussion/comment/121444280#Comment_121444280

And nothing if it's not got planning permission for the windows either.

sydthebeat

Is the design of the "door" from the kitchen different in reality?

Padre_Pio

https://www.boards.ie/discussion/comment/121444747#Comment_121444747

What happens if it's turns out they deviated from planning?

sydthebeat

https://www.boards.ie/discussion/comment/121444785#Comment_121444785

Someone has to certify that is in compliance with planning permission.

So if it's not it's either rectified or regularised with a new planning application

Gumbo

https://www.boards.ie/discussion/2058325327/house-different-from-the-plans-alterations-possible

1. Yes. Once they are secondary and bolt required for escape or habitable room daylight requirements. Grey area if their planning has them shown.
2. Yes ask. They can say no. Both parties can walk away as no contracts signed.

Where is the development in question?

Deeec

If the windows were on the plans then the builder has no right to exclude them.

Ask yourself though what are these windows overlooking - are they just looking at a wall, or at neighbours houses or do they have a view and allow plenty of extra light in? You need to think do you really need these windows?

Maybe you will find when you think about it that the house will be better without them especially if you are just going to be looking out at a wall. If you decide this though you should be given a reduced price on the house given that you were paying for these windows.

BtxKiddo

https://www.boards.ie/discussion/comment/121444914#Comment_121444914

Thanks everyone for the reply.

I think i wasn’t clear enough. We booked the house based on the plans posted above, provided by the estate agent, we didn’t get any official plans from the builder which were submitted to the local authority. I’m actually having trouble of finding their application and their plans as what i’ve found are similar but not specific ones on the development.

The windows in question would have been overlooking a lovely view which makes the disappointment greater, no adjoining building at the moment and not in the next few yrs…

I will be honest in saying that as we don’t have any alternatives based on our budget, location, etc. we are not in a position to walk away based on this “issue”…

BtxKiddo

https://www.boards.ie/discussion/comment/121444890#Comment_121444890

1. from what i can see on their planning submitted to local authority there are no windows on the side, as per plans provided by the agent to us.
2. We did asked the agent as we don’t have any direct contact with the builders. Waiting on reply. i’ve sent you a PM with details re development. Thanks

Gumbo

https://www.boards.ie/discussion/comment/121444967#Comment_121444967

1. So, if they are not on the planning drawings then you’ve no chance of getting them IMO. The developer won’t lodge a new planning for you.
2. As above unfortunately is my opinion.

BtxKiddo

Sorry for the bad quality but these are the plans of another block, same house type as per planning submitted online.

thanks

Gumbo

They show no windows.

sydthebeat

Those are completely different plans

BtxKiddo

https://www.boards.ie/discussion/comment/121445480#Comment_121445480

so it’s safe to presume that the plans we’ve got from the agent they are actually of no value?

sydthebeat

https://www.boards.ie/discussion/comment/121445898#Comment_121445898

Well, are you actually sure the drawings you've shown above are the same house type that are being constructed?

If that's a yes, then what the auctioneer have you had absolutely no correlation with what you are buying. Clarify the exactly house type you're buying. If the agent is insisting the plans they have you are correct, then it's very easy check against what has planning and what is being constructed.

The stairs is on the opposite side of the house so there never would have been bedroom windows there anyway.

Gumbo

https://www.boards.ie/discussion/comment/121445898#Comment_121445898

The photo you’ve posted is of a different design, totally in contrast to your original post. Not only with the missing windows, but layout and type too.

where are the roof terraces gone?

arctictree

To be honest, the only windows I'd miss would be the one in the dining room and the one on the bathroom.

Extra windows in a bedroom can be a pain for many reasons. They limit your placement of beds, wardrobes etc...

The location of the bed in bedroom 2 is just weird. I mean who puts the head of a bed under a window!

Also, in the master bedroom, you dont want the head of the bed up against the toilet room!