New build house - problem late in the day

[GTEYE]

Long story short

Buying a new build house, reserved 6 months ago, exchanged contracts a month or so ago.

In the last week it has become clear that then house (detached) is close to the neighbouring property such that the developer has now been told by building control that the kitchen, cloakroom and ensuite windows need to be swapped out for non opening fireproof windows to comply with building regulations.

This is going to be inconvenient at best and a pain in the proverbial at worst. Will this make the property harder to sell on in the future?

This wasn't known or therefore pointed out at reservation stage.

Thoughts please? Is it material under the Property Misdesriptions Act? Or am I over-reacting and worrying unnecessarily?

[Electric sheep]

I wouldn't fancy not having an openable window in a kitchen, but maybe I'm just prone to burning food.

Domestic bathroom and kitchen extract fans, and whole house heat recovery units, don't tend to move an awful lot of air, even when they have a boost setting. An open window does a much better job of clearing steam and smells fast.

[Rozzers]

Im not sure it would be normal to point out which windows do not open.

I am more concerned about the proximity in general, though the kitchen with no opening window is pretty crap.

[springfan62]

You need to check the building regulations, they refer to the proximity of a boundary, not necessarily a building.

There are also allowances for some unprotected areas to be permitted.

I would first of all query that these windows are actually all required to be fire proof,the developers architects should be involved in this to agree a solution within the regulations.

Since Grenfell building regs seem to be taking fire protection even more seriously but they may be asking for more than is required.

[anonymous-user]

I would be far more bothered about how close the house actually is to the neighbouring houses.

In my job I see so many new build detached houses where you could reach out of your bathroom window and use next door’s toothpaste.

When the houses are too close together it looks both cheap and ridiculous. Totally spoils the estate and the houses.

If it was me, I would take a view on if I was happy at how close the neighbouring houses were, and have a good hard think about if I actually wanted to proceed.

[GTEYE]

Thanks guys, some useful points there.

The proximity isn’t an issue, it’s close but not really an issue.

But the developer has messed up by having windows on that boundary which they had overlooked.

I’d totally agree that however effective an extraction fan is, an open window is 100x more effective.

I’m waiting for my lawyer to comment...

[bristolracer]

When they take the existing windows out, get them left on site.
You may need them In the future?

[Swervin_Mervin]

bristolracer said:

When they take the existing windows out, get them left on site.
You may need them In the future?

So very much this

[55palfers]

Personally, I'd not have a kitchen without opening windows.

[GTEYE]

springfan62 said:

You need to check the building regulations, they refer to the proximity of a boundary, not necessarily a building.

There are also allowances for some unprotected areas to be permitted.

I would first of all query that these windows are actually all required to be fire proof,the developers architects should be involved in this to agree a solution within the regulations.

Since Grenfell building regs seem to be taking fire protection even more seriously but they may be asking for more than is required.

I think this may be what I'm looking for, that is really useful, much appreciated. I've found the legislation and I'd concur with that.

[Pica-Pica]

55palfers said:

Personally, I'd not have a kitchen without opening windows.

I agree; 100%

[thewarlock]

I have nothing useful to contribute, but can someone explain the logic to me? In the event of a fire, especially in somewhere like a kitchen where there may be gas, the idea of the windows being fireproof is great.

But the idea that I can't open one to escape, if required, doesn't seem to make a whole lot of sense.

Can anyone explain?

[blueg33]

Pica-Pica said:

55palfers said:

Personally, I'd not have a kitchen without opening windows.

I agree; 100%

another 100%

[healeyneil]

Has the house been built correctly on the plot ? Title deeds should show. Many years ago, my brother in law bought a new house which transpired to be partially on his neighbours plot. The builders eventually had to pay significant dosh to both householders

[blueg33]

healeyneil said:

Has the house been built correctly on the plot ? Title deeds should show. Many years ago, my brother in law bought a new house which transpired to be partially on his neighbours plot. The builders eventually had to pay significant dosh to both householders

Builders were idiots then. You don't finalise the transfers until you know where you have built the house

[Escort3500]

Is the siting of the house correct in relation to the approved plans (including the separation distances between it and the neighbouring dwellings)? It’s not unusual for developers to use elastic tape measures in my experience.

[roadsmash]

I am not an expert on such matters.

But it sounds like you’ve been totally stitched up OP, and I certainly would not be happy if I was in your shoes.

I’m not sure if you have grounds to terminate the transaction, but I would think so? There are not many reasons you can pull out of a purchase after exchange, but this seems like one of them (IANAL). Your conveyancer will be able to advise and I would be on their case already if they have not already contacted you.

If it helps you, I would personally not buy a house that has any windows, in such critical living spaces, that do not open.

If you were to pull out, I would argue that the developer would struggle to find someone else to buy that property with windows that do not open.

I’d want a significant discount on the purchase (that I would use towards putting opening windows back in once the developers leave the site) for me to continue with the transaction.

[Sheepshanks]

thewarlock said:

I have nothing useful to contribute, but can someone explain the logic to me? In the event of a fire, especially in somewhere like a kitchen where there may be gas, the idea of the windows being fireproof is great.

But the idea that I can't open one to escape, if required, doesn't seem to make a whole lot of sense.

Can anyone explain?

The window won't be the only means of escape.

[GTEYE]

roadsmash said:

I am not an expert on such matters.

But it sounds like you’ve been totally stitched up OP, and I certainly would not be happy if I was in your shoes.

I’m not sure if you have grounds to terminate the transaction, but I would think so? There are not many reasons you can pull out of a purchase after exchange, but this seems like one of them (IANAL). Your conveyancer will be able to advise and I would be on their case already if they have not already contacted you.

If it helps you, I would personally not buy a house that has any windows, in such critical living spaces, that do not open.

If you were to pull out, I would argue that the developer would struggle to find someone else to buy that property with windows that do not open.

I’d want a significant discount on the purchase (that I would use towards putting opening windows back in once the developers leave the site) for me to continue with the transaction.

The lawyer has now come back to me having consulted with a QC in London. They agreed that I should not complete as it is, and that there are good grounds to ask for the contract to be terminated, and/or that there is a good case to argue for diminution in value.

It's currently back to the developers to see what they propose in terms of a solution, but next week's completion has been pulled. Fortunately, I'm currently in rented and can extend.

[roadsmash]

Good news OP.