Services for new property

[diy mad]

Hi,
I own a property near to a site where a builder is starting work on a new build.
He has intimated that he/his utility providers will need to dig up my drive/garden to lay services.
Is he legally entitled to do this?

 

[sxturbo]

Before any further advice I'd be asking for a written document explaining exactly what it is they are wishing to do.

Once you have that information you can then seek further advice.

 

[diy mad]

we've already asked for a plan of his proposals, but who do I then ask for advice?

 

[jacko555]

I dont think the Access to Neighboring Land act covers new builds.
https://www.legislation.gov.uk/ukpga/1992/23/contents
I have no idea if legally they have a right. Interested to hear though.

 

[^woody^]

The builder can't do it nor insist on where the services must go.

Normally the right is granted by negotiation and compensation, but failing that the various utility companies do have powers to put their services over other's land -

• the water company can do it under powers they have
• the electrical company can apply to the SSoS for a compulsory wayleave
• the phone company can apply to the county court
• the gas company has no powers, so must negotiate

Generally though there must be no other viable route for the service to take

There are no rights granted by the ANLA

You home insurer may have a legal advice service or can help with legal assistance

 

[sxturbo]

If the builders are like anything round here they'll dig it up for each service to be installed

Redrow round to us dug the road for electric, then put it back, a month or 2 later they dug it for water and out it back, then a couple of months after that they dug it again for sewage, then put it back, 3 months later they dug it up to lay an entrance road to the show homes. Then a few months later dug it all up again to place a path, then they dug the same stretch of road again to widen it.

Now another builder has bought land on the field opposite, and they are now digging it up again for that plot.

It's bloody rediculous, why they couldn't coordinate it it for the lot in 1 go I don't know.

 

[^woody^]

If the builders are like anything round here they'll dig it up for each service to be installed

Redrow round to us dug the road for electric, then put it back, a month or 2 later they dug it for water and out it back, then a couple of months after that they dug it again for sewage, then put it back, 3 months later they dug it up to lay an entrance road to the show homes. Then a few months later dug it all up again to place a path, then they dug the same stretch of road again to widen it.

Now another builder has bought land on the field opposite, and they are now digging it up again for that plot.

It's bloody rediculous, why they couldn't coordinate it it for the lot in 1 go I don't know.

Most of the time that's to do with the utility companies not being able (or willing) to work in co-ordination with each other or have labour available at the same time.

But another issue is being able to use the same trench and cover their own services and certify their own work.

But yes, an insistent customer could organise it better if they wanted to ... or needed to - which large builders do not normally need to do so are not bothered

 

[diy mad]

Woody, when you said "the builder can't do it", did you mean he can't dig the trench?
He has told a neighbour that he intends digging the trench himself and I'm very concerned that he'll be digging directly beside my property, which has little or no foundations.
(I am told the Party Wall Act does not apply as he does not own the land that will be dug up, being a verge it is not owned by anyone, and the Act requires there to be 2 owners).
What legislation is there to prevent him hacking up the verge, emigrating to Australia and eventually leaving me with cracked walls?

 

[Notch7]

Woody, when you said "the builder can't do it", did you mean he can't dig the trench?
He has told a neighbour that he intends digging the trench himself and I'm very concerned that he'll be digging directly beside my property, which has little or no foundations.
(I am told the Party Wall Act does not apply as he does not own the land that will be dug up, being a verge it is not owned by anyone, and the Act requires there to be 2 owners).
What legislation is there to prevent him hacking up the verge, emigrating to Australia and eventually leaving me with cracked walls?

the neighbour will need an easement to put utility services through your land.

It’s a legal contract that needs to be drawn up by a solicitor.

the neighbour should have got it sorted right at the start as there’s no guarantee an easement is possible which could scupper the new build.



and there’s more to it than meets the eye - supposing in the future you want to build on your land but you can’t because those services are in the way?

the agreement may need to include a “lift and shift” - which means the neighbour would have to pay if it needs moving in the future.

and you should have an indemnity to cover you for damage.

Some useful info here:
https://www.haroldbenjamin.com/site...ts-with-utility-companies-dont-get-caught-out

 

[Diver Fred]

You need a plan of the road from your local highways people (county / town council). That should show you the existing services run (in theory) and who owns the 'rights'. But as others have said the builder should not be routing services across your land to a new property without legal agreement.

 

[oldbutnotdead]

This is a follow-up from a previous thread, IIRC the OP's boundary is the outside of the house wall, the builder plans to dig a trench next to that wall (under a verge with no known owner).
OP, might be worth talking to a solicitor, see if there's any possibility of you asserting ownership of that land (adverse possession except there's no apparent adversary).
Outside that, anyone digging near an existing building has a duty of care towards that building. Do you know what depth your foundations are?
A starting point (if yes to the above) will be to serve the builder with information about the depth or non-depth of the founds. Civil Procedure Rules say proof of posting to the registered address is sufficient, go signed-for delivery if you want. Either way he can not then claim ignorance in any subsequent dispute.