The million-dollar townhouse with a visitor car park but no separate entry to the back yard

An important change to a townhouse development that was not disclosed to the buyer has soured a Canberra family’s home-buying experience just before settlement.

Tom Adam went to measure up his family’s new townhouse in Whitlam for curtains a couple of weekends ago but was shocked to discover that the ramped side access in the original plans had been replaced by a guest car park.

The owner of Canberra Martial Arts and Fitness in Phillip, Jerrabomberra and now in Coombs, Mr Adam contracted in February 2022 to buy the four-bedroom townhouse, one of five in the development, for a little more than $1 million.

When Mr Adam confronted the builder, Zahid Mahmood, he learned the two new visitor parking spaces had been a condition of the approval granted in June 2023 but his solicitor had not been notified.

Mr Adam said he would not have bought the property if it did not have access to the big backyard, the largest of the five, which was a key attraction given the family has four children, two dogs and some cats.

The one next door is also in the same boat, but its rear corner can provide external access, while Mr Adam’s property backs onto another residence and is now landlocked.

“So we have to go up 15 steps through the dining room, living room and kitchen to use the backyard,” he said.

“If you want a lawn mower in the backyard, you’ve got to go through the house.”

Mr Adam remains flummoxed that the buyer would not be notified about such a significant change, believing it had been deliberately withheld from him.

“The problem you’ve got is they publish the original development application but they don’t publish the final approved plans on the planning website,” he said.

“So you only ever see what they propose, you never see what the final outcome is through the negotiations.”

Environment, Planning and Sustainable Development Directorate (EPSDD) was able to send him the amended plans on request on Monday (18 November) but the damage had been done.

Mr Mahmood said he had no choice but to make the change to meet the condition imposed on the development by the Planning Authority, and the contract precluded buyers from walking away due to such changes.

He said he was not obliged to advise the buyer but the approved plans were sent to the agent New Doors Property, which was contacted for comment but did not return calls.

The New Doors website is still using a render of the development and plans showing the side entrances in the listing for one of the townhouses still for sale.

Mr Mahmood said developments like this without a second access were common in Canberra.

Mr Adam said the developer had opted for the easiest solution, and a single car park space could have been found in the substantial driveway, but Mr Mahmood said this was not possible.

Mr Adam is yet to settle and the matter is now in the hands of his solicitor, who believes there is a strong case for rectification, price discount or rescission of the contract.

His solicitor has advised that if there is a change to the plans, and the change will or is likely to affect the use or enjoyment of the unit or the common property, then the Civil Law (Property) Act 2006 provides that the contract can be rescinded.

But written notice must be provided to the seller with a summary of the “significant prejudice” suffered.

At this point, his solicitor is pursuing a 5 per cent reduction, but Mr Adam said that with the disappointment and stress at the end of what was now an almost three-year process, he was ready to walk away.

“My wife is devastated,” he said. “We were hoping for it to be a new home for our family.

“We wanted to have a place to entertain. I run a community organisation. Now we just feel like everybody has to trot through your house. How are we supposed to mow the lawn?”

Mr Adam said he had expanded his business to Coombs, his children attended Evelyn Scott School and they were renting in Wright.

“It’s like this is what our plan for the future is and we’re just being halted because this is not what we purchased,” he said.

A Planning Authority spokesperson said the development was approved with conditions in accordance with relevant legislation, including the ACT Planning Act.

Street parking was considered to be potential safety hazard due to the intersection of two major roads and a roundabout.

The proponent then amended the proposal to provide visitor parking onsite.

“There is no requirement for a dwelling to have side or rear access to the back yard, however landscaping of yards is determined by the developer/homeowner,” the spokesperson said.

“Subject to addressing the change in level of the site, there are no planning requirements that prevent an access gate being provided.”

Communication on the changes of development approval conditions and plans was the responsibility of the proponent and the client.