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Morning folks,
Looking for some advice / experiences here if possible.
We’re about to complete on a new build property and plan to remove a wall between kitchen and dining room prior to moving in.
We were initially told that alterations to the property for the first 15 years of ownership required approval from the builders / developers and that aplications for alterations would be charged at £125 (regardless of how many items are on the application).
The contracts states along the lines of “we need *builders* consent to carry out any alteration to the property for the first 15 years of your ownership.” We will own the freehold if this makes a difference.
We’ve fired off an email asking what the process is to seek their approval and have been told that all individual alterations will be charged at £125+vat each.
We’re aware that a number of other people on the same site have already made the same alteration that we intend to and didn’t seek permission from the builders. After all they own the house & freehold.
I’ve asked for some guidance on exactly what they consider an alteration but they haven’t been able to answer that.
We’re not particularly impressed with the whole experience so far and would resent paying them anything that we wouldn’t have to. What’s he worst that could happen?
What’s he worst that could happen?
A major flaw in the build emerges and they wriggle out of fixing it because you've altered the property without permission.
Invalidation of the structural warranty for the building seems to be the most obvious/likely consequence.
Sounds odd (not that I've ever bought a new build property), surely the only issue it could cause is it might invalidate any warranty (above and beyond statutory requirements) they provide? Personally I probably wouldn't do the work for at least a couple of months in case you need them back to fix snags but I guess it's a lot more hassle to do it once you've properly moved in.
edit, too slow
Doesn't sound odd at all, sounds like a restrictive covenant. Very common on housing estates that want a uniformity in how they look while they are still selling, and in this case time limited to 15 years after, to protect a construction companies 'look'. Since the work is internal (you are not changing the external look) then it is likely to be allowed. But this is why you pay for a solicitor when you buy property! If you have already exchanged, did you not bring this up? E.g. how it might affect a future sale? And what the consequences of breaching a covenant can be?
Sounds odd to restrict internal works..... but that may well invalidate the NHBC agreement is there is one.
Thanks for the input guys.
Yes we knew about the covenant at the beginning and understood there would be a fee so it’s not shock to us.
Other plots that have made the same alteration as us didn’t seek formal permission and we just wondered what the implications could be.
We’ve got 2 year warranty with the builders plus 10 year NHBC and knowing that not seeking permission could invalidate them then we’ll make sure we do.
It'll not make much odds, NHBC never pay out anyway!
It’ll not make much odds, NHBC never pay out anyway!
Oh yes they do, but only after a struggle.
Whoever said that 5:1 was a strong cement mix must be on a backhander from either the cost cutting building company or the profit conscious sand company. 3:1 was always the norm.
https://www.bbc.co.uk/news/business-46454844