I don't think a single person on this thread had read this little clincher.
Advice on neighbouring building works
- Thread starter Petersl86
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"Hey Mr Lawyer, It's been snowing and raining heavily in the depths of Winter and I have clay soil and my garden is boggy (just like last winter). How can I blame (and claim from) the building site next door?"
Stick to decorating marra.
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Thanks to everyone who has offered helpful advice on who to speak to. Whilst I might not be up for paying for legal advice or ‘claiming’ from the building site, I would like to know where I stand and who to take this up with, especially if this continues. It’s not a case of the garden being a bit ‘boggy’, but next door’s is completely unusable due to the depth of the water, and a safety hazard for young children. It is currently like this all the time as it is not draining. It is not ‘like it was last winter’, or even before that, it is much worse since the building work, and I am hoping it will be temporary, but who knows if they have built up the height of the land behind. Thanks all
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Hopefully you have the time to see the planning 'plans' to check on what will occur to the surface water - Is it going to soakaways, the balancing pond or a surface water drain. Then, forearmed you need with your neighbours to see the site manager and get the surface water disposal sorted - it may even need land drains installing which they hadn't considered.
It looks to me that the balancing pond is what is shown on the approval plans but I guess the builders will take the cheapest way out - which means it may not be to plan...
I'm speaking from experience here - new builds in a big garden behind and above us had soakaways installed - the builders didn't know/care and the council 'forgot' that the water company had put surface water drains into the area to stop the problem you are looking at. So now with 3 houses and associated car parking feeding surface water into a soakaway is now the (probable) cause of the houses down the hill from that development having horrendous damp problems. Our houses sit on sandy soil but BT contractors destroyed the land drains that took some of the water away.
Maybe you should push back on the planning department for them to insist on surface water drains - get your neighbours and evidence together.
It looks to me that the balancing pond is what is shown on the approval plans but I guess the builders will take the cheapest way out - which means it may not be to plan...
I'm speaking from experience here - new builds in a big garden behind and above us had soakaways installed - the builders didn't know/care and the council 'forgot' that the water company had put surface water drains into the area to stop the problem you are looking at. So now with 3 houses and associated car parking feeding surface water into a soakaway is now the (probable) cause of the houses down the hill from that development having horrendous damp problems. Our houses sit on sandy soil but BT contractors destroyed the land drains that took some of the water away.
Maybe you should push back on the planning department for them to insist on surface water drains - get your neighbours and evidence together.
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It must be heartbreaking not being able to use a clay substrate lawn in the depths of (a very cold wet snowy) Winter. Welcome to the UK.
Take a tour around gardens in your area with clay substrate, i.e. those away from the site. They will all be pi$$ wet through too.
Honestly.
Honestly.
Wow, some more helpful comments noseall. Glad you have the time to keep visiting this thread and sharing the same point over and over. I’m surprised you’re that invested. I’m all for differing opinions, but think you’ve made your point now. Thanks anyway
Best advice he's had on this thread boyo.
I would suggest that my learned firiend's comments are more helpful that those mentioning legal redress and the land laws relating to surface water surcharge. The sarcasm is not up to my preferred levels though, but the lad is trying.
With a land or any dispute, the first port of call is always to tell the other party that there actually is a problem. Not contacting the council or the planners or solicitors. Does the builder actually know?
It's also useful to consider whether its an actual problem, or if it's just a manifestation of other frustrations - such as the site being there in the first place.
I agree with wgt52 above though, in that you should always keep an eye on new build developments as things always seem to end up different to what was approved.
With a land or any dispute, the first port of call is always to tell the other party that there actually is a problem. Not contacting the council or the planners or solicitors. Does the builder actually know?
It's also useful to consider whether its an actual problem, or if it's just a manifestation of other frustrations - such as the site being there in the first place.
I agree with wgt52 above though, in that you should always keep an eye on new build developments as things always seem to end up different to what was approved.
Agree, but when they are not co-operative it is good to have the necessary knowledge to be able to try and encourage them to be co-operative.
Ten years ago ny daughter and son in law looked to buy a house but pulled out when they discovered the garden frequently flooded. Neighbours had built a garage / workshop the foundations of which had blocked natural drainage. The neighbour has created a land drain / culvert under the garage. Unlikely he co-operated willingly.
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