When does completed mean completed?

When does completed mean completed?

9:38 AM, 8th January 2019, About 5 years ago 17

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I bought an off-plan, new-build apartment in the Adelphi Wharf (Fortis) development in Salford back in 2015 and after a whole year’s delay my apartment was finally finished in November. Or at least that is what I was told by PLS Solicitors, the firm acting for me (and probably most of the other buyers) when they requested the final payment, which I duly made, and legal completion took place.

I travelled from East Sussex to Salford the following week to see the apartment before it’s let (the 1-year rent guarantee period starts 1 month after legal completion) and was surprised to find that I had to wear a high-vis jacket, hard hat and steel toe-capped boots in order to go inside the section of the development in which my flat is situated. The common ways were a long way off completion, as was the reception area, and the unfinished gym was being used to construct kitchen units and store materials. I was told that the basement car parking space, for which I paid £10,000, was not accessible, even with safety gear on.

My flat appeared to be one of the few that were accessible on that floor. It still needed some snagging work done in the bathrooms and the carpets looked as though they had been hurriedly laid for my visit as they were poorly fitted. The contractors told me during my visit that the flat would not be habitable until mid-January because they needed the majority of the flats to be finished, along with the common ways, before anyone can move into that section of the development.

PLS say that I completed on the flat on 21 November because they were told by Fortis’s solicitors that a Warranty Certificate and Building Regulations Completion Certificate had been issued which “confirms that the property is practically complete, ready for occupation and use, and accessible according to the terms of the Agreement.” As far as PLS are concerned they have fulfilled their legal obligations and seem uninterested in the matter.

A local surveyor I contacted confirmed that the communal areas to my apartment should have been completed before I legally completed as I should be able to move in on day one of ownership. In addition, prior to exchange of contracts, he said that PLS should have asked me to visit the property to check that it was either finished or at least had the builders snagging list completed and presented to me. This would have given me chance to inspect the quality of the property before completion.

The icing on the cake is that Fortis forgot to say that the price of the compulsory furniture pack did not include VAT. That was missing from all the paperwork and despite being the developers’ error their solicitors would not complete until this was paid. As it happens, there was no furniture in the flat so I don’t know what I have paid for.

None of the above affects my guaranteed rent, you may say, but Fortis did not ask me whether I intended to let the apartment or to move into it. My previous experience of Fortis Lettings is less than positive and I had been planning to visit a local letting agent with a view to letting the place myself. A cynical person might also suspect that the £9,000 rent has been built into the selling price so there is no pressure on Fortis to let the flat, and in any case they can’t until mid-January at the earliest. On the other hand, I have to pay full council tax from 21 November.

Am I just being a moaning Minnie? How does this match with your experience of off-plan new builds?

Alan

 


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Comments

15:43 PM, 18th May 2019, About 5 years ago

Hi All

This situation is not unusual, we have a situation where LABC has issued multiple completion certificates for a building. However they are now being challenged by the press over some cladding. and are saying but we didn’t issue a cert for the common part, but we asked for a meeting to issue one! My understanding Is they are required to do so.
Now the last time I looked your BC are not supposed to issue a apartment a completion certificate without a safe means of access and egress, In my mind this means that the communal stairwells areas must comply with the relevant BC regs part B etc in order to be classed as safe. Or should they not issue the apartment certs at all?
Ps building is finished over 10years ago.

Comment would be appreciated from anybody who has the BC/Surveying background.

Joseph Bate

15:07 PM, 9th August 2019, About 5 years ago

Alan / Richard / All

I am experiencing exactly the same thing on another of Fortis’ other developments - Silkhouse Court in Liverpool.

They served me with my completion notice, warranty and buildings regs certificate last week, along with demand for the completion payment (50% of the purchase price) after years of delays.

On going to inspect my unit a couple of days ago I was shocked to see that not only are my unit and the common areas currently inhabitable but the parking space, for which I am paying c. £15k will not be accessible until the end of 2019 at the earliest as they are storing building materials in the car park.

- The kitchen and bathroom to the flat are not fully installed and plumbed (there’s no toilet, basin or bath / shower whatsoever);

- Light fittings have not been installed and bare wires hang from the ceilings;

- The electrics do not seem to be operational

- The communal areas are a long way off being finished;

- There is currently no main / safe access to the development

- The lifts appeared not to be working on inspection and I had to access the Property via the service lift;

Essentially it’s still a building site.

Did they ever end up actually finishing Adelphi Wharf and have you managed to rent your flats out? Or is it still an uninhabitable building site?

There’s no rental guarantee on offer for Silkhouse Court so if I am unable to challenge the completion notice I will essentially be in the ludicrous position of owning a flat I can neither rent out, move in to myself or sell.

Any advice would be hugely appreciated.

J

Richard

15:56 PM, 9th August 2019, About 5 years ago

Reply to the comment left by Joseph Bate at 09/08/2019 - 15:07
Hi, sorry to read that you’re more or less in the same plight I’ve been left in. Clearly, this is a habit they’ve developed, and frankly a disgraceful way of conducting business.

I ended up being strong-armed into completing. My solicitors maintained that they had managed some how to obtain the necessary paperwork for completion (though the means was clearly disputable), and that if I sought to challenge them I’d need to prove in court they were in cahoots with the bodies that signed off, which would be a costly and drawn out process. In my case there is a rental assurance scheme, and though I was in a lot of doubt as to whether I would ever see a penny, I decided to pay the money in the hope that an input of funds from multiple investors would provide them with the capital injection to complete.

Note that in early July I did receive the assured rental payment which has restored a little of my faith in this lot.

It was then announced to me that they have rented out the entire block to Channel 4 for them to film a reality TV show and that the entire block is effectively out of bounds from 1 July to 31 December, and that no more inspections can take place! Of course this makes selling it next to impossible as no viewings can happen! It does appear to be true that they rented out the whole block to the TV company. Because of the rental assurance, they are entitled to do this I’m told.

I have seen photos and video evidence that my apartment is now finished, and apparently the rest had been finished to, as it would need to be given the TV company is going to be moving in there and contestants will be living in the apartments for up to 12 weeks.

From start to not quite finish, it has been nothing short of a disaster and I would advise anyone to stay well clear of anything Fortis related in future.

As for you, I would advise having an independent surveyor inspect the place and legally challenge the completion based on the outcome.

Joseph Bate

16:22 PM, 9th August 2019, About 5 years ago

Reply to the comment left by Richard at 09/08/2019 - 15:56
Hi Richard

At least it sounds like they’ve actually finished it. Could’ve been worse I suppose.

My biggest regret is using the panel solicitors! I went with the panel solicitor (TQ Solicitors) for the conveyancing up to exchange but have engaged a separate firm of solicitors to deal with completion matters as I have huge concerns over their impartiality.

My question is how / why on earth Liverpool city council signed off on and issued the buildings regulations certificate with the flat / development in its current state...

I’ve sent the photos to my solicitor and they are going to try and challenge the validity of the completion notice. Given the flat doesn’t even have a bathroom / kitchen I don’t see how they can possibly say it’s complete but you never know with this developer. I suspect they are trying it on in the hope that some investors will take them at their word and just pay over completion monies without inspecting first. I know there’s a lot of overseas buyers in Silkhouse court so I fear for them.

JB

Richard

16:29 PM, 9th August 2019, About 5 years ago

Reply to the comment left by Joseph Bate at 09/08/2019 - 16:22
Yes, it could have been worse you’re right. It’s late by 2 years and has caused me loads of stress and of course my capital has not at all been as productive as should have been! I actually did manage to get an offer for it at asking price too a couple of weeks ago, despite the buyer not viewing it, but I ultimately turned it down as I’d put it on at a low price just to get rid when I was in a “I hate this project” phase. For me though, the worst is behind me, they have paid rent, and I’m probably better off sitting it out until the rental assurance is finished and then sell it once prospective buyers can see it. Honestly though, this has scarred me from buying off-plan for life!

Ingrid Bacsa

17:07 PM, 25th February 2020, About 4 years ago

Reply to the comment left by Luke P at 08/01/2019 - 11:59
Had big problems with PLS. Useless. Now trying to get justice

Ingrid Bacsa

17:08 PM, 25th February 2020, About 4 years ago

Had big problems with PLS. Useless. Now trying to get justice

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