Fence panels not to spec/plans

soverybored1878

Looking for a bit of advice here. With all the storms we've been having, the fence panels on our new build estate have been splintering and coming loose. This is a very common problem and has happened to many of our neighbours.

One of them checked the plans and it turns out that the panels were originally meant to be 'Hit and Miss' panels which are a lot more sturdier as they let the wind through but are more expensive. The developer (Gannon) have replaced these with Shiplap panels which are essentially useless, leaving many people out of pocket as they have to be replaced. This issue has also caused damage to property and the houses themselves.

As the panels are different to the original plans submitted to the council for approval, does our developer have a case to answer?

They have flat-out refused to engage with us on this, saying it isn't their problem but the fact that they cheaped out on materials suggests it is.

Does anyone have any advice or experience with a similiar issue?

sydthebeat

id imagine if you check your purchasing contract, it essentially states you buy what you see.

from a planning point of view, a timber panel fence is a timber panel fence. The difference between shiplap and hit and miss design is not significant.

soverybored1878

https://www.boards.ie/discussion/comment/123095403#Comment_123095403

Thank you. But what if the plans explicitly say 'Hit and miss' panels with an image of the fencing? Surely if that was submitted to the council for approval, that is what we should have received?

The Mulk

https://www.boards.ie/discussion/comment/123095442#Comment_123095442

Was it picked up on your 'snag list'

Lumen

Was planning compliance in the building agreement/contract for sale?

You might have a course of action against whichever professional checked planning compliance on your purchase, which would end up going to their indemnity insurance, so maybe don't ask the solicitor who did the conveyancing 😀

Regardless of the law, it's unlikely that recovery of the costs of a replacement fence would be worth taking a legal action.

I'd have thought a household insurance claim would be the best bet.

Victor

How long have the properties been there? If more than 1-2 years, then you have little hope. If less than that, raise it as a patent defect.

Mellor

https://www.boards.ie/discussion/comment/123095442#Comment_123095442

The plans for planing permission are for a specific purpose. A shiplap fence is more or less equal to hit and miss for planning purposes.

Unless you contract for sale had plans attached stating hit and miss, I can’t see how you have a claim.

https://www.boards.ie/discussion/comment/123107221#Comment_123107221

If the fence simply changed type and wasn’t incomplete/damaged etc , it’s not a defect.

Victor

https://www.boards.ie/discussion/comment/123107325#Comment_123107325

It might be arguable that it is non-compliant with the contract.

Mellor

https://www.boards.ie/discussion/comment/123107385#Comment_123107385

Not based on the info provided so far.

We’ve no idea what the contract says, so of course anything could be a breech of contract.

But hit and miss slats would need to be specified in the contract of sale in some way, and not simply in the PP.