Developer wants to change Lease and Plans after contracts exchanged?

Discussion in 'New Build Buying Advice' started by GrimJam, Sep 17, 2017.

  1. GrimJam

    GrimJam New Member

    Hi there,

    I have exchanged contracts on a new-build apartment, and signed off a copy of the lease and architectural plans of the flat prior to this.

    Now I'm due to complete in a month or two, I have been sent amended documents to sign off.

    The new architectural plans show one less window (!!) in the living room, and fewer kitchen units (one wall instead of around a corner, and no island counters). The lease has minor amendments too.

    Is this normal practice between exchange and completion? Am I entirely at their mercy as to what I end up with? Surely 'contract' means 'contract'…

    Thanks for any help.
     
  2. Makebetterhomes

    Makebetterhomes Super Moderator

    builder should have also given you a copy of the consumer code of conduct for builders

    this document explains your rights during the build process , and what and when you should be notified about and your rights in this respect

    check this What is the Code? - Consumer Code

    then speak with your solicitor ( please tell me you are not using builders solicitor ) ....this is what they get paid for
     
  3. GrimJam

    GrimJam New Member

    Thanks. I definitely wasn't given a copy of the code –*is it voluntary or mandatory for developers to follow it?

    Everything I can see in the documentation via that URL skips straight from Exchanging Contracts to Occupation of the property, and doesn't seem to have any information about the in-between phase that the developer is seemingly trying to create.

    And no, I'm not using the builder's solicitor. I'm hoping mine can shed some light on the situation, although I would have hoped they'd do that while serving me with amended plans to sign after contracts have been exchanged.
     
  4. Builders code of conduct

    Builders required by law to give you a copy

    Builder is supoosed to abide by code ....but in all the years of its being in use ...and hundreds of thousands of new homes being built ...theres been less than a handfull of succcessful claims using the code
     
  5. NewHomeExpert

    NewHomeExpert New Member

    There is no legal requirement to give buyers a copy of the Consumer Code for Home Builders.
    It is a Consumer Code requirement. This is the industry's own voluntary Code, it is not mandatory and adjudication settlements seldom worth it for new home buyers.

    It is a legal requirement that homes are properly described and you are given all the information on which to make an informed decision.
    Report your builder to your local trading standards office for breaching the Consumer Protection from Unfair Trading Regulations 2008
     
  6. Consumer code

    Ok ...not that it makes any real difference ....

    If your builder is NHBC registered then he is under the terms of the warranty contract that the 3 parties enter into is obliged to furnish you with a copy of the code at the time of putting down your deposit ....this way you get to know your rights in advance ....the most common thing that pops up in my experience is .....changes to specification
     

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