We bought a new home on a small development, but the developer has not erected the garden fencing, laid turf, finished footpaths etc. The company doesn't respond to my calls or emails and I think they may have gone out of business. What can I do?
If you already own the property and have moved in, then you are in a tricky situation. The planning permission for a new development usually states what kind of landscaping scheme the developer must implement, including fencing, paths etc. The developer is obliged to meet these planning conditions and so your solicitor should have asked for the decision notices issued by the local authority confirming that all the conditions have been complied with before you completed your purchase. Unfortunately, if the scheme is not compliant with the planning conditions you will have to complete the landscaping work yourself to avoid any future problem with the local planners.
You have no protection against a developer going into liquidation before the landscaping is complete and that is why you should have been certain that all planning permission conditions were fully complied with before completing your purchase. You can keep trying to find your developer and press them to complete the landscaping but if the developer has gone into liquidation you will have to deal with the liquidator. You will then have to decide whether you wish to recover the cost of the fencing, etc, which should not be very much compared with having to contribute to the fees of the liquidator.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
