First time buyer - problems already?

[hmmmmmmmmmmmmmmmm]

My son put a deposit down on a new build flat on Friday. He has been waiting since last August for the flats to be released (there are only 12 being built). It’s a very popular development, and all the flats sold within hours. The flat he chose was the most expensive out of the whole block, due to it being on the top floor with two out of the five windows being south-facing, with a nice view over some hills in the distance.

On Saturday, we went to have a look at the site, as the apartments have now been built up to second floor level (he’s on 3rd floor). We were a bit worried when we couldn’t see the two south-facing windows, but we were standing outwith the perimeter fence, so it was quite difficult to see because it’s covered in scaffolding. We went into the sales office, and their sales agent confirmed that although the official drawings she showed us didn’t show these two windows, they are definitely happening. When we told her that we couldn’t actually see these two windows on-site, she firstly said that wasn’t possible, as she had checked with the site manager, and that omitting these windows would make the flat very dark inside. The total number of windows would be reduced from five to three. Anyway, she said she would double check as soon as possible, which will be tomorrow.

In the meantime, he has asked for confirmation in writing, but not expecting a reply until tomorrow. I suppose my son’s dilemma is that he paid extra for that particular flat, and if the windows are not happening, this actually makes it the least appealing of the three types available. It’s really taken the shine off buying his first property.

I honestly don’t think the windows are there, we just need confirmation of this before proceeding. Has anyone ever had this happen to them, and if so, was there any reduction in price offered or other form of compensation?

Check the planning application, in particular the drawings of the proposed elevations, and whether any amendments have been made since it was first granted.

wowfudge - Yes, that was the first thing my son did on Saturday night! Seems like the original application had 2 windows, then amended to 1 window, and finally no windows on the gable, this is going back to 2014/2015. Not sure why they changed them, there didn't seem to be any letters or comments from the Council to say they were required to be amended.

So now the kitchen area won't have a window (it's a lounge/kitchen), the only "window" being patio doors at the opposite end of the lounge. I think it will be a dark room, and no way to ventilate the cooking area without opening the patio doors at the other end of the room. Not ideal IMHO, especially since the cheaper flats have not been amended at all!

Of course, we haven't had official confirmation yet, but this is what we are expecting. Much to the sales agent's embarrassment!

If it's not on the plans it ain't happening... what a crap situation for you.

I'd start checking the terms your son signed etc.

RulaLenskasHair - my thoughts exactly! It aint happening! The sales agent's face fell when we told her there didn't seem to be any windows. The three flats immediately below my son's will be the same, but the buyer's unaware just now. Their missives may already be finalised too.... not good at all.

She said my son could cancel (if it's found to be different to the published plans). However, he has been waiting so long for this specific development, he will be gutted! Wish he had gone for the cheapest flat now, at least it's got a window in the kitchen area in addition to the patio doors.

Will wait and see what tomorrow brings! I doubt they will offer any compensation, as they know this development is selling well, they could just change the plans and sell it to someone else next week.

If it isn’t on the plans the builders are working to, it doesn’t seem likely that the windows will be installed.
When we reserved a new build we were shown all the plans (loads of different types!) and told that website may vary etc.
I hope it isn’t the case, but suspect the salesperson has misled your son.

sausagedogsmakechipolatas - I don't think she has intentionally misled my son, I just think she was clueless! She looked a bit shell shocked when we said we couldn't see any windows being built on-site. Her sales office is actually inside the same type flat as my son is buying (but this one has windows), and the online and printed plans they are handing out matched up with that.

What a mess! Someone, somewhere has stuffed up big time! Not sure what my son will do. I'm inclined for him to just walk away, not sure if he will do this though!

Do you think they would offer a discount or maybe some appliances as compensation? This may sweeten things up (it's a huge well known British builder).

Sorry to hear of your sons problem. Is it possible for a skylight to be put into the kitchen ceiling? To brighten it up

So, my son has just had an email confirming that there will be no windows as per the plans he was shown on Saturday. No mention of sales agent saying "these plans don't show where you windows will be", and no mention of it being us that told them that there were no windows!

So, not sure what to do now. He is asking for the revised asking price, as this is a massive change, which has made this the least appealing flat. I doubt the huge well-known British Builder will budge on price TBH, but need to explore all options before proceeding.

Wondering if this thread should be moved to "Legal"? If a moderator is watching, can this be done please?

letsdolunch321 - yes, a skylight would be a perfect solution, will see what happens with the revised asking price request first, then try for some other options.

How disappointing. I’d be gutted if I were him. First things first is to make sure he has proof that he was told there would be the additional windows then he needs to hav3 a think what he wants to do.

The windows would be massively important to me too.

I would flag up immediately that it's not what he based his offer on. Ask if any of the reservations drop out, he is offered first refusal.

So, just to update: The builder have refused to budge on price (as expected), and have confirmed they will refund his deposit.

He is gutted! To have waited and anticipated so long, I think builder is taking the Mickey.

He should maybe consult a lawyer, to see if a price reduction is a reasonable expectation, but maybe no point in throwing good money after bad?

The builders will simply put this plot back up for sale tomorrow, at full price, and stick some new plans online. Too easy for them to just walk away from this!

It sounds a bit like they're cutting off their nose to spite their face - who's going to want a really dark flat on the top floor?

I'm so sorry for your son though - how disappointing

TBH your son is better off not buying this flat given the window situation, a reduced price wouldn't make it any pleasanter to live in. The trouble with buying for the first time is that one wants everything to be perfect, later in life one realises this is rarely possible.

Is it possible for a skylight to be put into the kitchen ceiling?

Skylights don't give you a view, can't be opened and are often covered with bird droppings and difficult if not impossible to clean!

I don't think he would have much of a legal case particularly as they are refunding his deposit
The sale office will say anything to get a sale done,generally

It’s a shame but at least bey are refunding his deposit and not holding him to the pirchase

Hopefully a better flat will come up sometime soon. I think if he had gone ahead with buying this one it would have always bugged him.

I still think it would be worth keeping in contact with the Sales person (who is likely to feel a little guilty at the situation, as they didn't know about the window), incase anyone does drop out.