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Original poster

Buying a new build, about to exchange, not allowed to park on the road

34 replies

sunshineandhappy · 04/03/2015 08:39

Has anyone had this? Just received the contracts to sign ready for exchange. We are probably the third or fourth family to move in. The house is leasehold, and the lease has loads of rules. No feeding birds, don't change colour of exterior paint, no satellite dishes on the front etc. also states we cannot change the front landscaping, ie widen the drive, or park any cars on the road. We have 3 cars and a double width drive. Does anyone have any experience of how likely these rules are to be enforced? I have no idea what happens if anyone has a visitor. These are 3/4 bed homes.

OP posts:

specialsubject · 04/03/2015 09:14

if you sign it you need to stick to it. Although I bet others won't, you won't be the only family with more cars than driveway.

don't sign it. Go back and say these terms are unreasonable.

or buy somewhere else.

jazzandh · 04/03/2015 09:35

Does the house have a garage?

PigletJohn · 04/03/2015 09:42

These conditions were probably placed by the developers who wanted to maintain the tone of the neighbourhood. Once they have sold all the houses they won't care. Ask your solicitor's opinion.

The freeholder won't care if you refuse to buy the house so you have no hold on them.

gallicgirl · 04/03/2015 09:46

Personally I wouldn't buy leasehold. You can get stuck with too many charges and restrictions.

Original poster

sunshineandhappy · 04/03/2015 10:06

Thank you everyone. The leasehold situation isn't ideal, but a few new developments seem to be doing this now, and we can't find another suitable house that is for sale. The rules seem very restrictive, but we can see that some are already being broken by people who've already moved in. Our solicitor is chasing. As for the freeholder not being bothered, maybe, but the house is due to be finished next week, so all our personal choices are in, which reduces it's attractiveness to other buyers slightly. We really don't want to walk away from tis, it will cost us thousands, but I'm struggling to make it work for us now. And yes there is a garage, the car will fit in, as long as I'm prepared to climb out through the boot! Can't open the doors!
I just feel that if we had been told this at reservation, we would have walked away, but now we are so close, and facing financial loss, I feel manipulated.

OP posts:

Undecidedhousemove · 04/03/2015 10:08

Be careful- it may be a council ussue re parking. Call them and check. This happens in my area- new housing only allowed if NOT taking already overused parking.

mummytime · 04/03/2015 10:28

Well around here we have a similar development. there are about 5 "guest parking spaces" but if they go over that they have to park outside the development, which isn't convenient given where it is. The parking controls are enforced by the local council and its pretty much in a parking controlled zone, and residents are not eligible for local parking permits.

I am surprised you didn't ask about parking and your solicitor didn't point it out.
3 cars is seen as excessive nowadays.

The council here wants to build some town centre apartments with no parking whatsoever.

InfinitySeven · 04/03/2015 10:36

Our development is the same. To be fair, few people park on the road... The houses with three cars have found creative places to park them that don't breach terms.

I wouldn't count on them relaxing. Our house is 10 years old now, and they are still defended.

Original poster

sunshineandhappy · 04/03/2015 11:05

One of our issues is guest parking. There is no provision for visitors on the entire development. And I have two adult children who both drive. One lives with me ( he is 17) how is 3 cars excessive if you have 3 working adults who work in different directions, in a rural area with no bus provision?
We didn't ask about parking when we reserved because I've never lived anywhere where street parking is forbidden, and the solicitor told us as soon as he found out last week. If we can't resolve this we will walk, I was just wandering if anyone had any encouraging stories. Creative parking on the drive or don't buy seems to be the way forward

OP posts:

senua · 04/03/2015 11:12

Another vote for "don't buy leasehold".

mummytime · 04/03/2015 11:34

I'd say if you are buying a new build anywhere you need to ask about parking.
A smaller car could fit in the garage? Maybe you could even fit 3 smaller cars on the drive way?

FunMitFlags · 04/03/2015 11:50

My BIL recently bought a house on a new development (6 houses iirc) and they have this and a major issue with visitor parking. People can park 2 cars outside their houses (if careful on the tiny drive). Everyone has 2 cars. There is one little bay for visitors that fits 3 cars and visitors aren't allowed to park outside houses but if they go to the next road the people who live there get uppity and start blocking them in, even though they're perfectly entitled to park there.

JustWantToBeDorisAgain · 04/03/2015 11:58

How do developers enforce the no visitors parking in the road, if it is an adopted road then surely the council sets the parameters and unless it is ( legally signed I.e official sign rather than a develop sign or double yellow lines) people are legally able to park there? Genuine question as I don't know how this works in real life!

slithytove · 04/03/2015 12:04

Could you not park 2 cars on the drive and then the third across the drive iyswim? Is it deep enough?

sweetheart · 04/03/2015 12:04

My sister brought a house on a new development where they are enforcing the no street parking rule by sending out a private firm to put fines on cars. It has created a major issue where she lives - there is very restricted parking available for residents and no visitor parking at all. All the other local roads have been clogged up by residents of her estate parking elsewhere and has created quite a stir in our town. I think she regrets buying where she did and the houses on the development are at huge risk of going into negative equity because the estate has such a poor reputation within our town now.

sanquhar · 04/03/2015 12:08

our whole estate has a clause saying no blocking/parking on the roads. everyone ignores it.

RandomFriend · 04/03/2015 12:16

What sort of rule is "No feeding birds"? It is normal to feed birds in a garden. Have the other buyers already signed the lease with all those rules? Can the rules be negotiated?

Three cars for three working adults is lots but not excessive - if you are in a rural area and everyone works in different directions or different shifts, then everyone needs their own car.

Frostycake · 04/03/2015 12:18

Yes, everyone ignores it. It's an attempt to keep the place looking nice. As with all things in life, it will stay as nice as the scruffiest house on the road. It only takes one. Nobody is willing to enforce the rules.

Some people just don't care. They won't bother to read the fine print in the contract. They'll park anywhere they like, put bins out on the wrong day (or leave them out), not take care of the garden and string washing out at the front of the house at all hours.

Regarding the parking, is it due to the narrowness of the road? Is there adequate parking? Some new estates I looked at a couple of years ago could barely fit two cars side by side.

FlabbyMummy · 04/03/2015 12:22

As the development is still ongoing they will be strict about these rules, I have also heard of parkign fines and clamping. However once the development is completed things like parking, Bird feeding, painting woodwork etc won't be so strict and if none of the people sharing the lease complain then the developer normally won't be in contact.

However not changing the Landscape of the front will be rigid.

mandy214 · 04/03/2015 12:27

I don't think leasehold in general is necessarily an issue, it depends where you live as to whether that is the norm. Our house is 1930s (as is much of the local housing stock) and most of it is leasehold.

It is this particular lease which is an issue. You need to be asking your solicitor for advice. They should liaise with the developer to determine whether this is a point they are prepared to negotiate on. I suspect the answer will be no, because I anticipate every lease will be the same and it comes down to the overall presentation of the development.

Only then can you make the decision. Is it something you can live with? If not, can you afford to walk away? I think you need to be going into the transaction intending to adhere to the terms of the lease if you cannot change it. Whether people on here say other developers have enforced such a clause (or not), or monitored breaches is irrelevant to some extent. It is only this developer in this location which is relevant. You are probably liable (under the lease) for the costs of any enforcement action the landlord takes for breaches - so sending out notices / threatening legal action (get your solicitor to check this too) so it can be a serious matter. You need to decide for you whether this is a deal breaker.

YvesJutteau · 04/03/2015 12:28

We got a clause (not parking-related) taken out of a new build lease covenant because we said flat out that we weren't buying it with that clause in place.

But if it's parking then there's a reasonable chance that the local authority has insisted on that clause as part of the planning approval process (you could look up the documents relating to the planning application and see whether there's any mention of it) and if so you're probably out of luck. It's not uncommon for local authorities to place extra parking restrictions on new builds / change to residential use because they want to avoid over-stretching resources. And then the developers tend to conveniently forget to manage those restrictions when selling the property...

GnomeDePlume · 04/03/2015 12:34

I remember grumping to my DFather about similar rules which stopped us doing something or other. And he said remeber this means that your neighbours cant either.

Very sage.

If you have more cars than parking spaces then I think that you need to walk away or look to see if there is any space to park further away.

We live in an area with limited parking and also narrow roads. People parking inconsiderately because they have more vehicles than space are a total pain.

Imperialleather2 · 04/03/2015 12:36

It will be covenant in the lease and unusal it's only just come out as would have been included as part of the papers that got sent over.

You need yo establish if the road is going yo be adopted. If it's going yo be private
It very much depends on who is going yo manage the development- if there will be a residents man Co chances are it won't be an issue and it will be ignored- no guarantee though as you only need a pedantic neighbour with nothing better to do. my sister has this issue.

If an external management company is going to run the development then they could rigidly enforce this. Ultimately is a breach of your lease.

If it's an adopted highway then it will be the local authority who will enforce it.

GnomeDePlume · 04/03/2015 13:08

I dont see why this is a great big shock. If you have more cars than parking then to park on the road is going to inconvenience your neighbours. It is like complaining that you havent enough bedrooms then pitching a tent on the pavement.

IME neighbours are happy to be accommodating for one offs such as guests, what does annoy people is when visitors for neighbour A cant park in the road because neighbour B is always parking in the road and now thinks they have divine right.

iwaly · 04/03/2015 13:26

I would check very carefully if you have had any notice of this before now. If not, and it is a dealbreaker - which it sounds like it is - ask the solicitor if you have a case to get back your holding deposit/survey fees etc on the basis that you weren't told this important information. You should have been told about this beforehand.

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