I would like to know whether a developer can change the design of a room which makes it not fit for purpose? If they can't what can I do? If they can how can they get away for with it?
This is probably a contravention of the property misdescription act. The best thing to do is to contact your local Trading Standards office. they will review your case and for a small fee, two or three pounds, write to the developer. Have a look at this site from Warwickshire Trading Standards. Warwickshire Trading Standards
You should also talk to your solicitor, have you had a response from them?
did the Trading standards thing, waste of time, you'd a thought I was the criminal, anyway after months of investigation etc. City Solicitors concluded that I had no right for prosecution, under the Property Misdescriptions Act, because I had seen the changes in another property on the same develpment, same house type as mine (but not mine). I provided picture eveidence of how the next phase of homes had been built e.g. to the right spec.
The developer even wrote to Trading Standards stating that they did not want to undertake the necessary work to put right the design to save myself and partner from further upset and inconvenience, when I replied that this was not a problem and would be delighted for them to carry out the work, the developer came back and concluded that the work was to expensive. They never denied that the changes were made without notice to ourselves and that we were not afforded the opportunity of a pre-decoration visit. Still big bucks wins again!!!!
Not confident with the solictor as he was recommended by the developer.
no city solicitors are the city councils legal team, who trading standards send cases to be assessed to establish if they will proceed with court proceedings.
I would also like to know if possible, why floor plans state that room sizes are within 50mm + or - this information is also stated in the legal section on the developers website, but no one seems to be able to give me an answer.
Right I see - I suppose Trading Standards only have limited funds to fund legal action and have to take on the strongest cases that they are most likely to win.
With regards to the 50mm tolerances this is normal practice and all the builders have clauses like this to cover themselves. It is only really a problem on small bedrooms that can potentially lose 100mm and be too small for a standard bed. These small rooms are now often called bedroom/study rooms to get round this. Otherwise it would, and could still, contravene the Property Misdescription act.
after months of battles with the developer (Lovell) and the Planning Department, we have now been notified that the changes that have taken place to the internal layouts of my property do infact need planning permission.
The Planning department have taken the veiw, that it will work with the developer on these matters, but despite all of this I still can't get the developer to agree to rectify the problem. Lovell refuses saying these are not defects, however I have quoted drawing numbers, plans etc, etc. to no avail.
I will continue to fight this no matter what the developer trys to do to deter me, it has been a long battle but one I am prepared to see through to the end!!!!!
Lovell have been advised by the Planning Department, that a new Planning application, 'would be necessary to regulate the changes in the internal layouts of the properties'.
I think I will be going back to Trading Standards with this new evidence! Any Advice?
New Homes News 
Changes in Design 
Linear Mode
