New Estate (2yrs) Road adoption issue

[Milo100]

My partner and I moved into a new build house on a small development of 11 houses two years ago. The development is accessed by a lane maintained by the local council.

I asked the developer about the plans for the road servicing the houses prior to purchasing and was told the section covering the first seven houses, including our property, would be adopted by the council, with the remaining road maintained by the householders, as it was too narrow, and did not meet adoptable standards.

The developer said adoption would be under a Section 37 agreement, following one year of maintenance, as the bond required by the council for a Section 38 agreement was excessive. Our solicitor was particularly bad and failed to pick up a clause in the agreement relating to fees for the road, outbuildings, litter picking, fencing and green spaces until an hour before exchange, at which point our buyers removal van was outside. We managed to get some of the clauses removed after arguing that there were no outbuildings, fencing or green spaces on the site. It was an extremely stressful process from start to finish.

Last September we received a £300 maintenance bill from the developer. We paid this thinking it was for the first year of maintenance, prior to handover of the road to the council. We were speaking to one of our neighbours a few weeks ago and he told us the developers was now retaining ownership of the road. We have since received another bill for £360 this year. The developer has told all seven home owners that the road would be adopted. I’ve read that legally, verbal agreements are as binding as written agreements.

What’s the likelihood of successfully fighting this collectively on the basis we purchased the houses on the verbal agreement that the road would be adopted?

Thanks. 

 

[stu007]

Hi

My first suggestion on this would be to recommend that yourself and let the other homeowners know is to each send a Subject Access Request (SAR) to the Developer asking for 'ALL DATA' that simple phrase covers whatever format they hold that data in whether it be emails, recorded calls, written etc.

They then have 30 Calendar Days to respond and that time limit only starts once they acknowledge receipt of your SAR Request.

My second suggestion is for each homeowner affected (please let the other know) is to make a written Formal Complaint (ensure to title it Formal Complaint) to the Developer and wait for there response to see what excuse they come up with.

My third suggestion would be to write to the Councils Planning Department and ask them exactly what you were told by this Developer about them getting the Council to adopt that specific Road/Lane and if that Developer had actioned anything with them to Adopted said road/lane. Let the other homeowners know to do the exact same and write to the Council.

My fourth suggestion is to see if the Developer is a Member of any Registered Bodies (which they more than likely will be) and if they are look up those Registered Bodies and if they have a complaints process then again make a Formal Complaint to them of this Developers actions (again let the other affected by this know and for them to do the same.

Next I would suggest that all those homeowners affected that have been told the exact same about that road being adopted by the Council get together as a group to discuss this and a mutual way of going forward and please let them know of the above as you need that information from them and also to see what response they give to every homeowner affected that makes a Formal Complaint for your next steps.

What you all need to do is to start is gathering a good paper trail about all this that's why I am suggesting the above.

Who is the Developer???

 

[Milo100]

Hi, 

Thank you for your reply.

The houses were built by a small, local developer. I’ve come to realise he’s not a particularly nice individual who’s driven by greed. 

I will make the Subject Access Request and ask my neighbours to do the same. My feeling is that he will fail to respond, or only pass on selected information. 

Thanks again.

[Nicky Boy]

Well, if he fails to respond, you all sue him and it would be a big hole in his wallet. How many live on the development?

[stu007]

Agree with the above.

The Developer must comply with a Subject Access Request as it is a Legal Right in the UK and if they do not comply nor fail to acknowledge your Subject Access Request then you report them to the Information Commissioners Office (ICO) Failure to Comply with a Subject Access Request.

As also pointed out you could sue the Developer for there Failure to Comply with a Subject Access Request.

Please Name the Developer so we can research them???

[stu007]

Hi

Any update on this at all???