Plans show a bathroom window, there isn't one there.

ktizzle

New Member
Hi guys,

I was wondering if someone could help.
My partner an I are in the process of buying a New Build house (H2B scheme).
It is an end of terrace house. On the 1st floor bathroom there is no window, but there is a window shown on the elevation planning drawings and on the sales brochure. There is a window installed in the bathroom in the identical house at the other side of the terrace. Clearly, I understand that there would not be a window if it was a mid-terrace.

Please could someone help me to establish if we 'have a leg to stand on' in proving that is a mistake made by the developers? We have highlighted this issue to the conveyancing team working for us and the local council who issued the planning permission for the development.

Kind regards,

Katie
 

Tony

Administrator
Hello Katie, many of the plans that you see in the brochures have disclaimers stating that they are for illustration only or some such wording. However, if you have the plans that were used for the build then you do have a good case. Your conservancy solicitor should sort this for you. I hope they weren't recommended by the builder!
 

ktizzle

New Member
Thanks guys.
Our solicitor has said that it is best that we approach the developers prior to completion and highlight the issue, as they "may" be able to resolve by putting a window in, or discounting the asking price - neither of those seem likely to me as getting anything out of the developers is harder than getting blood from a stone!

I have e-mailed NHBC, but they are unable to help as we are not yet the legal owners of the property and advised to contact the council and the developers as this is a contractual issue.

Surely, if they had forgotten to put a window in a bedroom we would have a case - but as it is the bathroom - they can get away with saying that suitable ventilation is in place. Hmm... How do we know if it is really suitable?

Many thanks for your help and I will keep you all posted.
 

Matron999

New Member
Have they said what they will be installing to cope with any ventilation? We don't have a window in our bathroom but we were aware of that from the plans however there is an extractor fan which copes very well but there isn't a shower in the bathroom. We chose not to have one fitted because our new build home has 2 en suites with showers and there's only the 2 of us. If there's a shower in your new bathroom I suppose that could make a difference although I'm no expert.
 

flatwebb

New Member
Thanks guys.
Our solicitor has said that it is best that we approach the developers prior to completion and highlight the issue, as they "may" be able to resolve by putting a window in, or discounting the asking price - neither of those seem likely to me as getting anything out of the developers is harder than getting blood from a stone!

I have e-mailed NHBC, but they are unable to help as we are not yet the legal owners of the property and advised to contact the council and the developers as this is a contractual issue.

Surely, if they had forgotten to put a window in a bedroom we would have a case - but as it is the bathroom - they can get away with saying that suitable ventilation is in place. Hmm... How do we know if it is really suitable?

Many thanks for your help and I will keep you all posted.

Was the window on the plans you signed off on? If yes, then they will put one in, just kick up a big stink. DWH did same thing with our 4-bed house and 3 others on the same development. We kicked off and they put the window into our en-suite about 2 weeks after completion. 3 days work.
 

indyjukebox

New Member
Thanks guys.
Our solicitor has said that it is best that we approach the developers prior to completion and highlight the issue, as they "may" be able to resolve by putting a window in, or discounting the asking price - neither of those seem likely to me as getting anything out of the developers is harder than getting blood from a stone!

I have e-mailed NHBC, but they are unable to help as we are not yet the legal owners of the property and advised to contact the council and the developers as this is a contractual issue.

Surely, if they had forgotten to put a window in a bedroom we would have a case - but as it is the bathroom - they can get away with saying that suitable ventilation is in place. Hmm... How do we know if it is really suitable?

Many thanks for your help and I will keep you all posted.

Why are you notifying the council and emailing the NHBC? The issue is quite straightforward. If your plans show a window, then you get a window. If there isn't one there and the plan shows there should be one, you speak to the builder and get one put in. Or negotiate a discount. So, what exactly did your plans, that you signed off, show?

You need to have the developer on your side and it doesn't help that you start off by emailing everyone else but them. I agree with your solicitor. Speak to the developer and sort it out amicably. You have the advantage that on H2B, you should get all of your deposit back; should you wish to withdraw and provided you haven't exchanged?
 

NewHomeExpert

Well-Known Member
If you are not getting what you were sold then you can make a claim using the Consumer Code for Home Builders
Consumer Code for Home Builders

It is a mistake and you do have two legs to both stand on and stand up to the housebuilder.

Bathrooms are not "habitable rooms" as defined in the Building Regulations and therefore are allowed to not have windows.
They must have extractors capable for extracting 15litres of air per second.
 
Top