Consent from a developer for a new build property

[DCASTLE]

Hello all

I have a legal issue here and I wonder if I could get some advice please...

We bought a new build property from Taylor Wimpey last year. We moved in last November. It is not a huge property but we saw the potential of having some expansions done to the property.

We got some builders coming in to give a quote for a front porch and a conservatory, so now we have a fair idea of how much it costs for the construction work. On top of that, we are also aware that we require to apply for a planning permission for the front porch from our local council due to the fact that the gap between the public pavement and our proposed porch is less than 2m.

While we were all ready to go ahead with the construction work, we briefly mentioned to the site manager (who is still around completing the remaining 3 plots) about our plan. We were told that we must contact Taylor Wimpey (TW) to get a consent. I must admit I am kind of remembering there is such condition on the purchasing contract, but we thought it only applied when the site was still being constructed. Anyway, we wrote to TW's regional office to ask if it was OK for the construction work. We received a reply saying we needed to submit some drawings of the proposed construction work PLUS a cheque of £180.00. We couldn't quite work out this £180 fee, so we asked TW and they said it was for their technical department, which we thought it was rather odd and strange.

Anyway, we thought the consent was to do with the TW team still being on the site, but TW said it was not the case. TW reminded us that we will always require a consent from TW whenever we do any construction work to the property in the future. And the £180 fee will be charged at each time when we apply/request for a consent.

Our first thought was, it's a total rip off. TW has sold the property to us so why do we need to get their consent for adding a porch and a conservatory to the property? Furthermore, this consent will always require in the future. Excuse my poor general knowledge, but is that correct and legal?

We are simply puzzled with TW's reply and requirement, so we hope someone here can give us some advice.

Many thanks in advance!

[CLL1]

Re: Consent from a developer for a new build property

It's very common, and £180.00 seems fair to me.

[Ripped-Off]

Re: Consent from a developer for a new build property

I agree with CLL1, this is fairly common. However, if you look at your deeds with TW, normally their right to refuse consent normally elapses after a set period of time, anything from 12 - 60 months possibly, though not certain. It is required because (well I was told this a few years back) you may decide to erect a banner on the side of your house saying TW are sh%te or turn your garden into a scrapyard with clapped out old bangers, making the estate look like something from Rita, Sue and Bob too. it's not what they want when they are trying to shift houses.

I know that is a long time to wait but after the period has elapsed you can do whatever you like providing the council agree of course.

As for the £180.00 it does sound like they are taking the p%ss a bit. I suspect your deeds will say that they have the right to give consent but will probably not say anything about a fee. The implication is that they have the right to refuse but you shouldn't have to pay them for it. You may be able to claim that they are being unreasonable by demanding a fee.