Houses built to different standards in same estate, is that legal?

sineadmcgrath1

we recently purchased a semi-d house in a new development. After we signed the docs etc we found out that the estate was being built by various different builders. All houses look the same from the outside, be it 3 bed, 4 bed etc and the prices for the various houses were the same throughout the development. However we now find out that some houses were built with concrete 2nd floor whereas ours only have timber flooring upstairs. Is this legal? Can houses be built to different standards in the same development?

lomb

why not? a house is a house. unless when u signed a contract for purchase it stated what the specs were im afraid its tough luck.
the other thing is builders dont give a monkeys now a days. even if u rejected the house, the builder would happily sell it to someone else possibly for more because it is a rising market.
dont worry about it, enjoy the house.

Drapper

sineadmcgrath1 wrote:

we recently purchased a semi-d house in a new development. After we signed the docs etc we found out that the estate was being built by various different builders. All houses look the same from the outside, be it 3 bed, 4 bed etc and the prices for the various houses were the same throughout the development. However we now find out that some houses were built with concrete 2nd floor whereas ours only have timber flooring upstairs. Is this legal? Can houses be built to different standards in the same development?

Its not a legal issue its a planning issue.......... what have they got planning for and what was submitted and approved..........? Timer frame is all the rage now, however some builders still stick to tradtional block......

If its a case the spec was included in the sale docs, it changed, and you signed then you got a legal case.......... however builders are cute they never include this........ plus happy buys sometimes dont get this included in the purchase.........

Step one:- Review the planning file....... see if you got a case........ seek council to issue section 52 review of the planning not inline with the consent!

This PISSES builders off !!! as the Council hault works and investigate the nature of the non compliance with planning..........

Step two:- Check your legal contract..........

lomb

its all codology though, even if it isnt with the planning issued then the builder can always reapply for planning retention and wont have any problem, still he will be pissed off thats for sure.......my advice is dont buy a house that doesnt have proper planning permission on it, it will be impossible to resell used without applying for retention.

Drapper

lomb wrote:

its all codology though, even if it isnt with the planning issued then the builder can always reapply for planning retention and wont have any problem, still he will be pissed off thats for sure.......my advice is dont buy a house that doesnt have proper planning permission on it, it will be impossible to resell used without applying for retention.

The retention will take time , which the builder hates, and you can appeal that ............. if you win he got to change the design......... maybe you should review what he got planning for............ let him know........... and tell him your rights.......... and say you wont make an issue if you get what is approved.......

with an appeal you would have a very strong case........

lomb

im almost sure though that no architect in his right mind will put down concrete floors for a normal house. all sounds dodgy to me.
why would a builder build a house outside the plans? why would an enginner/architect aprove the house, that has no real plans?

Drapper

lomb wrote:

im almost sure though that no architect in his right mind will put down concrete floors for a normal house. all sounds dodgy to me.
why would a builder build a house outside the plans? why would an enginner/architect aprove the house, that has no real plans?

Plenty of houses are built without certs of compliance..........

cocrete slab is being used more and more for muti storey residentail structures in Dublin........... but I agree................ why are they using concrete slab on a two storey strucutre? .............

lomb

Drapper wrote:

Plenty of houses are built without certs of compliance..........

well seems odd, everyone is opening themselves up to legal action including an idiot architect, an engineer, the builder and finally the developer all for nothing
doesnt sound right to me imho

deedee lepoopoo

Different phases of the development usually would have different designs etc. One of the principles of building which town planners dig is variety in a scheme. The contract that you have when you buy your house only concerns your curtilage and it is your responsibility to review the plans (if buying off them) and make sure that your solicitor/surveyor/engineer makes sure everything is in order.

As for inferior housing/materials within a scheme, the construction federation of Ireland would be a watchbody, because builders are being scrutinised lately on this point due to social and affordable housing issue, i.e. that the alleged 20% social & affordable housing should be no different from the other privately owned houses and be fully integrated into the scheme.

Victor

This is only an issue if the house you bought is based on either a specification or show house that is materially different from what is actually built.

Imagine some houses in some estates have an extra, fourth, bedroom - how do they get away with this.

Planning permission only really affects the exterior of the house and how the houses interact.

The Building Regulations dictate that they be built to an acceptable standard.

Are any of these properties duplexes (two stroey apartments)?