Reflections @ Riverside, York

[Rob]

I am a 1st time buyer and on the homebuy direct scheme, reserved on a 2 bed apartment at the above development with Barratt Homes.

I have just received notification from my solicitor that Barratts have changed the position of the stairs in the communal area, which means:

i) It infringes on the entrance to my flat - is this a fire hazard?
ii) It means my doorway is now recessed into my flat.
iii) So I'm loosing internal square footage on my flat.
iv) This impacts on 3 rooms - the hallway (and store cupboard), kitchen and lounge are smaller.
iv) The kitchen and lounge were small anyway, I'm now concerned that I won't be able to fit a sofa on any of the walls in the lounge and the kitchen won't take a fridge freezer and washer/ drier.

Does someone know what I can do next? - this seems ridiculous!

Also, is there anyone else on the above development? - on the plans it looks as if this has happened to everyone else in the block, so 8 flats are affected in total - maybe even 16 as the block that's already built looks exactly the same externally, and was probably where they picked up the problem!

 

[sleeping.scorpion]

The builder has changed the design, what can I do?

If the builder has made changes to the design or specification it is possible that they have contravened the Property Misdescription Act.

However, only Trading Standards can take action under the act, so you should speak to them. You can make a civil claim for misrepresentation, which your solicitor can help you with.

It is not uncommon for the builder to include substitution clauses in contracts that allow them to change the specification. This is not unreasonable as specified products may not be available when the property is built for a number of legitimate reasons. However, these changes should be like-for-like substitutions.

If the contract does not stipulate like-for-like substitutions it may also contravene the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs):

From the OFT (Office of Fair Trading) website:

The Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs) superseded the UTCCRs 1994, and apply to standard contract terms used with consumers. The UTCCRs protect consumers against unfair standard terms in contracts they make with traders. The OFT, together with certain other bodies, can take legal action to prevent the use of potentially unfair terms. A term is likely to be considered unfair if it causes a significant imbalance in the parties' rights and obligations under the contract, to the detriment of consumers. The UTCCRs say that a consumer is not bound by a standard term in a contract with a trader if that term is unfair. Ultimately, only a court can decide whether a term is unfair.

The Office of Fair trading took action against Barratt Homes that resulted in clause 3.2 being removed from Barratt's standard contract. This clause "gave the supplier a wide discretion to change what was being supplied to the consumer, for such widely defined reasons as 'as may be expedient or necessary and as the Company in its discretion thinks fit'."

Quote taken from the New Build Inspections site, Knowledgebase section (as I cant post links in my replies yet).

For info only, i not recommending their service in any way shape or form.

I have a Barratt home, and the only thing I can recommend is, give them a wide berth. Buying from them has been the worst buy in my life. Once they have your money, good luck even getting them to listen, let alone care!

Look out for the horse stables in front of the sales office - total Cowboys!