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29-10-2019, 10:30   #1
albernazj93
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I'm about to lose my deposit. How much variantion the builder is allowed to make?

Hi guys, I really need your option on this matter.

I bought a house in Semple Woods, Donabate. Its nearly done and I should be called to do the snagging any soon. However, I visited the site and I realized the builder has built a bizarre path to the house's entrance.

The whole site follows a pattern of having a path that links the car parking to the house's entrance made of bricks in brown and black color. However, at my house, they just throw some concrete and that's it.

Builder: Glenveagh
Seller: Knight Frank
Solicitor: Knight Frank's suggestion.

This is the site planning which shows my house (blue, number 02) would have a nice entrance with grass between my path and the sidewalk:





This is the house on the other side of the road (blue number 01), which was built following the site planning and pattern:





This is another house in the same model, which is being built and will probably be ready at the same time as mine:





And here, finally, the bizarre job they made in my house:





As you can see, it does not follow the same pattern applied to every other house on this site.
I was expecting a nice path just like everybody else has got. It does not look nice, it makes my house the only different one and the most important, it's not safe! (I have a kid that will fall and hurt herself in there).

I have contacted my solicitor and this the answer I got:

Quote:

Hi Jose,

We have raised these queries with the other side but please note that as contracts have been signed and exchanged you will not be able to withdraw from the deal without the consent of the builder and you would be at risk of forfeiting your deposit in full along with being proceed to complete the purchase.

The builder is allowed make variations to the build as long as they are within the planning permissions agreed and while we have no say in what they are doing on site let us see what response they give and you can decide what you would like to do after that and we will let you know as soon as we hear from them.

Regards
I did not like the answer I got from my solicitor. He is pretty much telling me to accept it or I will lose my deposit € 20k. Even though he told the day I signed the contract that the builder has the right to make small changes, like, my storage might be a might smaller or bigger, the kitchen door might be a bit to the right or to the left, but has never told me they could build a whole different path outside the house.

I really would like to hear from someone with more experience on this matter, what are my right and how should I proceed?
Should I fight for this or just shut my mouth and accept it?

Thanks a lot guys!

Last edited by albernazj93; 29-10-2019 at 10:36.
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29-10-2019, 10:36   #2
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Quote:
Originally Posted by albernazj93 View Post
Hi guys, I really need your option on this matter.

I bought a house in Semple Woods, Donabate. Its nearly done and I should be called to do the snagging any soon. However, I visited the site and I realized the builder has built a bizarre path to the house's entrance.

The whole site follows a pattern of having a path that links the car parking to the house's entrance made of bricks in brown and black color. However, at my house, they just throw some concrete and that's it.

Builder: Glenveagh
Seller: Knight Frank
Solicitor: Knight Frank's suggestion.

This is the site planning which shows my house (blue, number 02) would have a nice entrance with grass between my path and the sidewalk:
https://i.imgur.com/ZWTmZ9J.jpg



This is the house on the other side of the road (blue number 01), which was built following the site planning and pattern:
https://i.imgur.com/po8iVbH.jpg



This is another house in the same model, which is being built and will probably be ready at the same time as mine:
https://i.imgur.com/bW45bw0.jpg





And here, finally, the bizarre job they made in my house :
https://i.imgur.com/msVljWG.jpg]


As you can see, it does not follow the same pattern applied to every other house on this site.
I was expecting a nice path just like everybody else has got. It does not look nice, it makes my house the only different one and the most important, it's not safe! (I have a kid that will fall and hurt herself in there).

I have contacted my solicitor and this the answer I got:

Spoiler:

Hi Jose,

We have raised these queries with the other side but please note that as contracts have been signed and exchanged you will not be able to withdraw from the deal without the consent of the builder and you would be at risk of forfeiting your deposit in full along with being proceed to complete the purchase.

The builder is allowed make variations to the build as long as they are within the planning permissions agreed and while we have no say in what they are doing on site let us see what response they give and you can decide what you would like to do after that and we will let you know as soon as we hear from them.

Regards


I did not like the answer I got from my solicitor. He is pretty much telling me to accept it or I will lose my deposit € 20k. Even though he told the day I signed the contract that the builder has the right to make small changes, like, my storage might be a might smaller or bigger, the kitchen door might be a bit to the right or to the left, but has never told me they could build a whole different path outside the house.

I really would like to hear from someone with more experience on this matter, what are my right and how should I proceed?
Should I fight for this or just shut my mouth and accept it?

Thanks a lot guys!
Based on this line from your solicitor you would appear to be out of luck,

Quote:
The builder is allowed make variations to the build as long as they are within the planning permissions agreed and while we have no say in what they are doing on site let us see what response they give and you can decide what you would like to do after that and we will let you know as soon as we hear from them.
Which I would imagine he is based on it's arguable that it's just a change of the material use rather than any change to the plans. You unfortunately will have to wait until you hear back from the builder. you might get lucky and it will be a mistake they will rectify, more likely it will be take it or leave it esp since you're the one that is going to be out of pocket
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29-10-2019, 10:38   #3
MrMusician18
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The first thing to check is the planning file. There is usually a roads drawing with levels on it so that should inform you further
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29-10-2019, 10:48   #4
albernazj93
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Quote:
Originally Posted by ec18 View Post
Based on this line from your solicitor you would appear to be out of luck,



Which I would imagine he is based on it's arguable that it's just a change of the material use rather than any change to the plans. You unfortunately will have to wait until you hear back from the builder. you might get lucky and it will be a mistake they will rectify, more likely it will be take it or leave it esp since you're the one that is going to be out of pocket

I really hope it was just a mistake and they will fix it. That's a 35 years investiment I will be paying and they should respect it and follow the planned.
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29-10-2019, 10:48   #5
albernazj93
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Originally Posted by MrMusician18 View Post
The first thing to check is the planning file. There is usually a roads drawing with levels on it so that should inform you further

Thanks, I will look into the documents.
I found this a few days ago which has loads of documents reagarding the site planning:
http://documents.fingalcoco.ie/North...h/Results.aspx


It should say somewhere the levels.
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29-10-2019, 10:52   #6
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Go on site chat to the builder. From the photos, it looks like theres an issue there with the manholes.
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29-10-2019, 10:53   #7
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Not much help but the height of the step and the shores would have made cobblelocking along there a bit impractical. How wide is the path along there? I’d say the best you could hope for is a railing along the high part of the step from a practical point of view.
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29-10-2019, 10:57   #8
albernazj93
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Quote:
Originally Posted by MrMusician18 View Post
The first thing to check is the planning file. There is usually a roads drawing with levels on it so that should inform you further

The page 8 shows my house type

http://documents.fingalcoco.ie/North...s/00571286.pdf


Can't really find anything regarding the material or level
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29-10-2019, 11:02   #9
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Is there anything in the contracts about the finish details? I would have thought normally it would specify the driveway and paths surface.
I would say it is linked to the manholes being there, but that doesn't mean you can't cobblelock it, its just harder.
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29-10-2019, 11:09   #10
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Not much help but the height of the step and the shores would have made cobblelocking along there a bit impractical. How wide is the path along there? I’d say the best you could hope for is a railing along the high part of the step from a practical point of view.
….. not to mention wheelchair inaccessible? I thought all new builds had to be wheelchair friendly. Unless the other side of that ramp is lower and graduates down to the level of the footpath for easy access? Its very ugly compared to the other houses and I don't blame OP for being upset.
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29-10-2019, 11:12   #11
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Just to add I would be surprised if they changed anything, it's going to cost them to demolish the step that is functional esp since they have your money essentially
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29-10-2019, 11:17   #12
albernazj93
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Originally Posted by The Nal View Post
Go on site chat to the builder. From the photos, it looks like theres an issue there with the manholes.

I will do it today at my lunch time in work. Not sure if they would answer questions tho.
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29-10-2019, 11:18   #13
albernazj93
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Quote:
Originally Posted by salmocab View Post
Not much help but the height of the step and the shores would have made cobblelocking along there a bit impractical. How wide is the path along there? I’d say the best you could hope for is a railing along the high part of the step from a practical point of view.

One of the others two houses I posted has a high step too and they made small steps made of bricks too. They could have done the same to mine I think
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29-10-2019, 11:20   #14
albernazj93
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Originally Posted by cruizer101 View Post
Is there anything in the contracts about the finish details? I would have thought normally it would specify the driveway and paths surface.
I would say it is linked to the manholes being there, but that doesn't mean you can't cobblelock it, its just harder.

I'm not sure. I'll go through the contract again and try to find something related to material, levels, etc.

I agree with you, having the manholes does not mean they can't use bricks.
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29-10-2019, 11:22   #15
albernazj93
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Originally Posted by sweetmaggie View Post
….. not to mention wheelchair inaccessible? I thought all new builds had to be wheelchair friendly. Unless the other side of that ramp is lower and graduates down to the level of the footpath for easy access? Its very ugly compared to the other houses and I don't blame OP for being upset.

The other side is the car park, a person in a wheelchair would have to come all the way through the car park to the get in the house. Yes, it does not look nice at all. And why only my house has to be different? Not fair.


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Just to add I would be surprised if they changed anything, it's going to cost them to demolish the step that is functional esp since they have your money essentially

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