Hi,
Just want to get some general advice and see if the way I'm thinking is totally off the mark or could be something viable. I know specific details are helpful but I'd prefer to stay vague to protect any 3rd parties
We sold our old home to use the proceeds for the purchase of new home to built in a small (40-50 units), rural housing estate. The houses were being released in groups of 5-6 so that they builder did not get too far underwater if things crashed (and for other strategic reasons obviously).
Since the location was quite rural the plots were a little larger than your average housing estate in a built up area. We started viewing homes that were already completed in the previous phase and were promised our phased would be a "mirror image" of the phase that we were viewing. We also knew there would be a follow on phase of houses but weren't positive on the exact locations. Before signing our contracts with the builder we wanted a clearer answer on the number of houses to be built behind/next to us. A company director answered our call and said 3 or 4 but he wasn't sure. Also, the another company director we spoke with about our concerns of being overlooked assured us our fears were completely unfounded and we wouldn't be overlooked at all as the density of this housing estate was some much lower than that of the usual ones in bigger suburbs.
Now, the house is built (there are no actual building faults, we love the inside & exterior finish) and the phase behind is nearly complete. There is a house 2m from our back wall but its gable is facing us. The only upstairs window is indeed a frosted en-suite bathroom window but downstairs their dinning room window is also 1/3 above our rear-boundary wall (so that if they were standing in their house they would look into our back garden. Also their driveway is close to our boundary wall and if an adult were to stand in their driveway or at the their front door they would also look into our back garden. Now, there are 7 houses crammed into this phase >>> a lot more than the 3 or 4 that was quoted by one of the company directors.
Planning permission for this phase behind us was applied for and approved after we had signed our contracts, in case any one is wondering by this point.
In our contact there was a clause that covers the builder for any misstatement, error, utterance, etc (whatever) however we believe some of the above the are MATERIAL misstatements and omissions. Also, there was a clause in the contract that we couldn't object to the planning authorities RE: any future developments on the site so raising an objection wouldn't have been allowed either. (Yes, we did have a solicitor too but now writing this I'm beginning to wonder what we actually paid her for).
Basically, everyone who sees this house behind us is shocked by it (considering the rural location, price point of these houses in the estate, etc) -- the dogs in the street can see its ridiculous in fairness. We had a south-facing back garden but now due to the height of the structure it now blocks just about all the afternoon sun now.
Just to be clear, according to the plans our plot & house were exactly to spec -- there is no question on that, its the follow-on phase that is the problem.
Still with me by now!!?? To wrap up -- I believe in personal responsibility above many things. We bought this house fair and square. However, I believe in fair deals as well and feel like some times we were flat out lied to (verbally) about the surrounding layout.
So, what I want to get is a sense of would we have any case against the builder and if so what extent of the possible recourse? The house behind is nearly finished so no chance of shifting it or stopping it, like it or lump it its there for good now. We've discussed with the builder about him providing a few trees (for cover) and he seems willing (guilty conscious maybe).
Oh, turning around and selling wouldn't be great for us since we now have made a start in this community and aren't keen to shift again. Plus not sure we'd get a the same mortgage now as we just snuck in before all the new central bank rules on deposits/lending (we are a young family stretching for an asset that would suit us for a very long time...)
Just want to get some general advice and see if the way I'm thinking is totally off the mark or could be something viable. I know specific details are helpful but I'd prefer to stay vague to protect any 3rd parties
We sold our old home to use the proceeds for the purchase of new home to built in a small (40-50 units), rural housing estate. The houses were being released in groups of 5-6 so that they builder did not get too far underwater if things crashed (and for other strategic reasons obviously).
Since the location was quite rural the plots were a little larger than your average housing estate in a built up area. We started viewing homes that were already completed in the previous phase and were promised our phased would be a "mirror image" of the phase that we were viewing. We also knew there would be a follow on phase of houses but weren't positive on the exact locations. Before signing our contracts with the builder we wanted a clearer answer on the number of houses to be built behind/next to us. A company director answered our call and said 3 or 4 but he wasn't sure. Also, the another company director we spoke with about our concerns of being overlooked assured us our fears were completely unfounded and we wouldn't be overlooked at all as the density of this housing estate was some much lower than that of the usual ones in bigger suburbs.
Now, the house is built (there are no actual building faults, we love the inside & exterior finish) and the phase behind is nearly complete. There is a house 2m from our back wall but its gable is facing us. The only upstairs window is indeed a frosted en-suite bathroom window but downstairs their dinning room window is also 1/3 above our rear-boundary wall (so that if they were standing in their house they would look into our back garden. Also their driveway is close to our boundary wall and if an adult were to stand in their driveway or at the their front door they would also look into our back garden. Now, there are 7 houses crammed into this phase >>> a lot more than the 3 or 4 that was quoted by one of the company directors.
Planning permission for this phase behind us was applied for and approved after we had signed our contracts, in case any one is wondering by this point.
In our contact there was a clause that covers the builder for any misstatement, error, utterance, etc (whatever) however we believe some of the above the are MATERIAL misstatements and omissions. Also, there was a clause in the contract that we couldn't object to the planning authorities RE: any future developments on the site so raising an objection wouldn't have been allowed either. (Yes, we did have a solicitor too but now writing this I'm beginning to wonder what we actually paid her for).
Basically, everyone who sees this house behind us is shocked by it (considering the rural location, price point of these houses in the estate, etc) -- the dogs in the street can see its ridiculous in fairness. We had a south-facing back garden but now due to the height of the structure it now blocks just about all the afternoon sun now.
Just to be clear, according to the plans our plot & house were exactly to spec -- there is no question on that, its the follow-on phase that is the problem.
Still with me by now!!?? To wrap up -- I believe in personal responsibility above many things. We bought this house fair and square. However, I believe in fair deals as well and feel like some times we were flat out lied to (verbally) about the surrounding layout.
So, what I want to get is a sense of would we have any case against the builder and if so what extent of the possible recourse? The house behind is nearly finished so no chance of shifting it or stopping it, like it or lump it its there for good now. We've discussed with the builder about him providing a few trees (for cover) and he seems willing (guilty conscious maybe).
Oh, turning around and selling wouldn't be great for us since we now have made a start in this community and aren't keen to shift again. Plus not sure we'd get a the same mortgage now as we just snuck in before all the new central bank rules on deposits/lending (we are a young family stretching for an asset that would suit us for a very long time...)