Redrow - Abbotts Walk Winchester - Snag or planning issue?

[abbottswalk]

My first forum post, as i am due to exchange on a Redrow home in Winchester in the next couple of weeks. Managed to visit the plot for the first time this week and picked up on a couple of issues.

Part of the rear boundary is supposed to be a 2m brick wall according to the most recent Boundary Materials Layout diagram that was submitted and approved by the planners (that's on the council website anyway) but has been built as a 1.8m wooden fence.

The front path (about 3.5m) has been built as paving slabs (same type as rear patio) where the surface treatments layout shows it should be tarmac.
The pavers are fairly cheap looking, being a 'Riven' surface but they are cast and the 'random' surface has been identically oriented on all the slabs. The sales spec sheet just identified these as 'Buff Riven slabs', but some online digging shows the to be the Bradstone Peak Buff Riven pavers which according to the manufacturer "Peak is a great base for utility areas or sheds. Not recommended for patios."

The site office claim to not be aware of the submitted plans and have just referred me to contact the solicitors. My solicitors are making enquiries to see if any amendment was approved, but i suspect the Redrow folks are probably scratching their heads.

Anyone come across planning issues like this?
A clause in the contract says the house will be built to the approved plans and building regs. But if planning enforcement did come in to play, the solicitors say i'd be liable as the owner. Would I then have to claim against the developer for breach of contract? And actually i'd rather have the wall anyway.
Redrow might go for retrospective planning, but i don't think this would be achievable before completion which is due mid June.
Could I get the solicitor to retain part of the purchase price until a wall was built?

Managed to catch a couple of other snags whilst i was there (it's not officially complete, but pretty clear these were not going to get done, so more time for them to fix the better), clear glass to the ground floor WC, missing telephone pint and a seriously wonky handle in the kitchen.

Pretty sure i'm going to get a Pro to compile a full list. Are there any who will do the followups and pester the developers till it gets fixed?

Also decided to start blogging the whole thing too, hoping things go smoothly, but if not... But also hoping to give some hints to folks wanting to use the HelptoBuy scheme.

 

[NewHomeExpert]

First of all you should no MUST instruct your solicitor not to exchange contracts unless the points are clarified and you are happy and KNOW exacly what you are buying. Ask for a Copy of the Consumer Code for Home Builders (you should have been given one when you reserved - not being given a free copy is a breach of the Code!).

If a wall is shown on the appoved plans then you should have a wall at your rear boundary.
If this is a "mistake" by the site then what else will they ***k up with your house?
Only you can decide whether you prefer a tarmac footpath or paving. I would rather have the paving.
The groundworks contractor will be supplying the paving and they will get the cheapest thay can get away with.
I expect the site manager doesn't know the difference! between the two types.

Don't even think about keeping back some of the money to pay for a wall.
If Redrow are being so unreasonable and they are not even following their own plans, should you be buying the home them?
Do you want a house that is not built to approved plans?
Clear glass in a ground floor WC? You couldn't make it up!
What else might you discover when you move in and it is too late?
At least you realise the value that having a new home professionally snagged.

Still Redrow chief, Steve Morgan, owns Wolves and look where they are now!

 

[abbottswalk]

Not even moving the deposit moneys to the solicitors until i'm happy, so no chance of exchanging. They've been pretty good so far to be fair and following my instructions and making the enquiries.

Will have to wait and see what Redrow's response is. Willing to give them fair quarter and chance, but not going to accept a lemon.

 

[NewHomeExpert]

Good luck and stick to your guns.
You will find, as with any of the large house builders, once they have your money, the level of service and co operation often disappear!

 

[abbottswalk]

Looks like Redrow have acknowledge the discrepancy with their plans (after i contacted the planning officer who confirmed my thinking), now working out what they're going to do.

Site seem to have built to the plans they were supplied. I believe the issue was that one firm of architects designed the initial scheme, pushed it through the planning and appeals. A second firm of architects was engaged to come up with the technical drawings and 'optimise' it for Redrow (e.g. changing half round coping on top of some walls to standard bricks). But these 'optimised' plans never went to the planners to approve any significant changes. I could be wrong though.

The test is to see how they respond/recover.

 

[abbottswalk]

Result - Redrow are going to start work on the wall this week. So a fairly timely resolution in this case.

 

[NewHomeExpert]

Redrow could have applied for the changes which would, in all probability been rubber stamped by the planners.
However, they misdescribed the property to you which was far more serious.
It may have even resulted in fines or imprisionment for their staff/directors.

I am pleased Redrow are now finally building your wall.

 

[abbottswalk]

They also tell me they've already replaced the glass in the cloakroom with obscured panes.

Will make sure the snagging pro checks they've not just used film and made the window and glazing bars good though.

I'm not sure the planner would have been all too impressed with the deviation when I enquired as to who had the right drawings.

 

[NewHomeExpert]

In my experience, the Council planning authorities very rarely check developments as they are built or once they are completed.
Each planning approval comes with a myriad of planning conditions, some that muts be in place before works start such as wheel washing and off-street contrcator parking. Others before a number of homes are occupied such as play areas, roadsa and footpaths. It is only when a member of the public complains as you have done, that council planners take enforcement action.

Look around most roads in most towns and you will see many illegally erected yellow mock AA "direction" signs fixed to street signage and light posts by house builders most being left up years after the development was long since completed. This shows how little councils care about planning enforncement. All the time the planners fail to police planning approval conditions, house builders will take advantage to their financial betterment.

It is very wise to use a snagging professional to fully inspect your new home for defects.
If Redrow management on this site failed to see the clear glass in a WC window, how many other things will be missed by them?

 

[Zeta jones]

Hi I desperately need some advice..
I paid reservation fee for Redrow house which was supposedly in demand. It was fully built so given 3 weeks for completion I instructed my solicitor and applied for mortgage. I was called over to sign papers and shown plans.. My house has retaining walls on both sides which I share with neighbours. It has easement area in back of garden for main pipes. My house is the only one that has these but I am paying same as others, Redrow will not reduce. I was looking to complete and move in, now I have mixed feelings. How worried I should be of these and will it affect adversely affect the value of the property in few years. Please help!

 

[abbottswalk]

Not too sure about the easement, but does the transfer in part have a schedule to cover utility companies requiring access, believe mine did and says they have to make good if they do ever need to carry out work, although there are no easements on my plot.

Also, 30th june is Redrow's financial year end, which is probably why they put the 3 week deadline in, so they can boost their numbers. If you're not using a government scheme, you should have been able to get a healthy amount of incentives.

 

[abbottswalk]

Did you sign a standard 28day reservation agreement? In which case you could say you'll complete on 1 July, and their tune may change

 

[Zeta jones]

Thanks for the response, no I am not part of government scheme, the price of property is steep I am putting all my life savings in it and taking a hefty mortgage. So wanted to be sure. Retaining walls are bit of worry as well, this was not mentioned at time of reservation. They are not willing to negotiate on price.

 

[Zeta jones]

They have agreed now for 6th July

 

[abbottswalk]

What's the concern with the retaining walls? Are they to do with the slope of the garden? As it's close to completion, have you seen the garden and how it relates to the adjacent plots and gradients.
Or is it more over the ownership/responsibility of upkeep of them?

On the price/negotiation/decision to go ahead, that's one for yourself really and wouldn't like to say you should/shouldn't go ahead as it will depend on your circumstances:- what you've negotiated, if you feel you're getting good value, how set you are on the location, will you be homeless if you don't go through etc.
I would say, if they've finished building the house and haven't had a buyer to date, i don't really consider it to be in high demand, as they'd have been offering them off plan for months if not a year ago.

Did you have to sign documents with Redrow or your solicitor? sounds like it was the PMA (Property Misdescriptions Act) meeting with the sale office. If it's still early stages, then things may become clearer once your solicitor receives the contract and conveyancing details for the title of the property (which will detail the easements and boundaries).

 

[Zeta jones]

Thanks once again, it is to do with slope and holding the soil. I think it is bit of marketing gimmick they sold a few quickly and then releasing one at a time now so there is spurt of interest from buyers. They have managed I understand to sell at full price the other houses.
The concern re retaining walls is responsibility and durability given its proximity to the major utility pipes. I have signed the reservation form but yet to sign anything else.
I basically was anxious how adversely it would affect my ability to sell compared to other houses which do not have these problems.

 

[NewHomeExpert]

If you have retaining walls to the sides of your property and it is not detached then your house will also be acting as a retaining wall.
These are very expensive, so the slope of the ground levels must be quite steep.
You also need to give plenty of thought to ground water drainage running down the slope, which could flood any level areas of your property.
Retaining walls must be designed by a structural engineer so they should be OK and will be included in the 10-year NHBC warranty.

Most properties have a covenant that gives statutory authorities a right to enter your property to maintain services.
An easement is quite different and you should ask your solicitor about the legal implications to you and your property.
On a personal level I would steer well clear of any property with utility easments. I wouldn't want to come home one day and find a digger and a big hole in my lovely back garden.
Your home will be worth a lot less and be much more difficult to sell with an easment - avoid!

You should have been informed about the retaining wall and easement before reservation as this is vital infomrtion.
This is a clear breach of the Consumer Code for Home Builders so you should be able to walk away, without losing any money, including your own legal and mortgage fees. Redrow should have given you a free copy when you reserved, if they did not it is a breach of requiremnent 1.2!
You can download a copy from the signature link webpage below.

 

[abbottswalk]

Redrow give out the code as a booklet and on a CD-ROM,

The easement may explain why this plot had remained unsold. are there any other plots with the same housetype still available or coming available?

 

[Zeta jones]

Thanks, this is so complicated. The house is very expensive. We are already set to move so upset with a casual disclosure from the Redrow sales agent threw me off. My financial advisor and solicitor who are keen to press ahead are minimising the whole issue leaving me confused. Any suggestions where I can get some objective advice?

 

[Zeta jones]

The second phase is due to start. I was looking to move as it is near my son's school.