Changes to specification

barrywhite · 12th November 2004, 16:30

I need some help regarding our new build property. The property is approximately 4 weeks behind schedule and we have hit a further hurdle. We were contacted by the site office earlier in the week to advise us that the builders had painted our new house the wrong colour (yellow instead of blue). They asked us if we minded which we did. They said they would ask all purchasers in our terrace of 4 and get back to us. We have spoken to the site office again today and they have advised us that all of the other people in our terrace are in agreement that they can continue with the wrong colour. We are not sure if this is true but have no way of finding out if it is or not. We are not happy that such a major change has been made to the specification without our consent but are not sure how we stand. We have taken the issue up with our solicitor but she was quite non commital. We would appreciate any help or advice that you could give us.

Tony · 15th November 2004, 00:02

Barry,

I assume you are talking about the outside of the house and that they all need to be the same colour to look right.

The other neighbours abviously do not mind what colour the houses are painted. You do, so I am sure they would support you rather than the developer.

It might be worth contacting your local Trading Standards to see if they could be prosecuted under the property misdecription act. However, if you haven't exchanged yet remember the developer could pull out and sell the property to someone else.

Tony

Spearman · 3rd November 2007, 13:17

Barry,

You may actually find that the colour of the house is a planning condition, you would be best served by contacting the local planning authority who will have discharged the planning condition after the submission of the Materials and Finishes schedule to them - if the developer submitted the colour as Yellow then that would fit in with your innitial purchase if it was Blue then they may have misrepresented the sale to you (however simple changes like this can be made under a deferred matter with the planners - but the planners still have to agree the change), its all in the dates !! - remember for each item of PMR (Property Misdescriptions) there is a potential £5,000.00 fine.

Best of luck

Spearman · 3rd November 2007, 13:21

Barry,

You may actually find that the colour of the house is a planning condition, you would be best served by contacting the local planning authority who will have discharged the planning condition after the submission of the Materials and Finishes schedule to them - if the developer submitted the colour as Yellow then that would fit in with your innitial purchase if it was Blue then they may have misrepresented the sale to you (however simple changes like this can be made under a deferred matter with the planners - but the planners still have to agree the change), its all in the dates !! - remember for each item of PMR (Property Misdescriptions) there is a potential £5,000.00 fine.

Best of luck