Uncaring builders

[myanne]

Hello,
We have endured nearly 18 months worth of noise, dust, and inconvenience from a conversion next door. Because the back wall of their house is our boundary wall you can imagine how close the building work was to us . We endured scaffolding on our house and in our garden for 3 months in the very hot summer of last year where we couldn't even open our windows. I could go on and on about all the other things but I will get to the point as the building work is now over...well sort of. The building inspectors failed it on several points one of them being that their back gutter was depositing rain water on our front garden. We were made to feel guilty for refusing to have a water butt on our front garden but even if we had agreed it would have still been illegal as the water was still on our side. So they decided to do a soakaway and dug a very inappropriate hole by the roots of a large tree. This was again refused by the inspectors so they turned up one day unannounced and dug a bigger hole in our garden taking out bushes and plants without our consent. They then stuck a great black ugly pipe in it. This again was refused because it was still on our side. Eventually the penny dropped that they should go through the back wall of the house and join the pipe into the water system in the kitchen. Hurray! However ,we were left with a huge hole with bricks and gravel under the soil and a sort of lining material. They now refuse to come and take away the bits and pieces and tidy it up.
The "architect" refuses to answer his phone and we are left with the clearing up even though it has nothing to do with us.
Can someone tell me where we stand on this. Does the builder have a duty to make tidy any work that is carried out for a client on a neighbouring property or do we have to do It?

 

[Bosswhite]

Leave it as it is, ( so long as it is Safe to do so ) take photographs etc, then seek Solicitors advice or get an quote on how much it will cost to put right, then take out " Small Claims" Court proceedings.

But remember ANY neighbour disputes now have to be disclosed if you intend selling your property

 

[myanne]

Thank you for your reply. It's so infuriating that they can't just come and do it because after all we allowed them access onto our land in good faith. However, your advice is good and I will go straight out and take some photos and perhaps just get some initial legal advice. Thank you so much for your help.

 

[Bosswhite]

In the meantime if anyone trips over the rubbish that is left and injures themselves they can claim compensation from the builder or the neighbour.
the rubbish is not your property to dispose of,
So be careful !!

 

[JBR]

Leave it as it is, ( so long as it is Safe to do so ) take photographs etc, then seek Solicitors advice or get an quote on how much it will cost to put right, then take out " Small Claims" Court proceedings.

But remember ANY neighbour disputes now have to be disclosed if you intend selling your property

Surely, this dispute is with the builder, not the neighbour.
Why not first ask your neighbour how they feel about the situation. If you are on good terms and they have no objection to your pursuing the builder (or even support it), I should have thought there would be no 'neighbour dispute'.

 

[myanne]

Yes...my grievance has always been with the builder or "architect" who has given us a lot of stress throughout the build. The owner of the property doesn't know half of what has gone on as we have deliberately spoken only to him and not her. We are not vindictive people and didn't want to spoil her excitement of a new home. But he has been a nightmare and this last episode has just about finished us off.

 

[longdogs]

We are not vindictive people

That could be the problem. The builders obviously saw you as someone who wouldn't stir things up and cause trouble. As JBR says, have a word with your neighbours and make it really clear that you are p*ssed off and thinking of taking legal advice. Hopefully your neighbour will then take it up with the builders. Maybe write to the builders and tell them that you will inform trading standards if it is not put right. Trading standards do get involved. I think the architect is taking advantage of you good nature.
good luck.

 

[myanne]

Thank you all so much for your replies. Squeaky - you have really seen the problem. What you say is absolutely right. We are "yes" people and not very assertive and as the build went on things got worse and worse. It makes you feel awful - like you're really being taken advantage of and are worthless. Today is a new day and although we are right at the end of the build we must make a stand. You have given us the confidence to fight back! Thanks again everyone.

 

[Burnerman]

Such a ghastly, unfair and unnecessary situation Myra - guaranteed to maximise stress.
Insist that the builders return YOUR land to its original state, or you will certainly be speaking to your legal advisors who WILL be seeking compensation.......(this need not be a bluff). Stress that the work only went ahead courtesy of your good grace in the first place and access could have been refused at any time.
I hope it all sorts itself quickly!
Best wishes
John

 

[myanne]

Thanks John,
Such lovely people on this site. It has been an awful year and we haven't made a fuss. You're the first people I have poured it out to and I feel a whole lot better today for doing it. I won't let them get away with it. I feel so much better with the situation with all of your comments and I feel a lot stronger today thanks to you all.
Have a great weekend. x

 

[Burnerman]

It's all easy to say Myra, stuck behind a laptop or whatever and in retrospect, but in the future if you own the land, you call the shots......I do speak from experience concerning neighbours I once considered pleasant!
Let's know how things go.
John (In Ibiza right now )

 

[myanne]

I needed someone to tell me that because sometimes you doubt yourself and sometimes you just put up with things for an easier life. I think this man has just over- stepped the line once too many times and this damage to our garden has upset me so much because, like you say, I could have refused access. I trusted him to put it back to normal even though he has been really awful with everything else through the 18 months. It is so near the end of the build and they needed to sort out this situation to get it signed off. We just thought let them do it and then we won't ever see them again. They knew it's the end of the build so they disappeared without putting anything back. To add insult to injury they stood on our old wall to do the guttering work without even getting a ladder! The "architect's" phone is permanently on answerphone and so we can't tell him what we think. I have a feeling the neighbour does know what's going on - she must see it for herself but she is a very overpowering bossy woman and even though we could talk to her we'd rather not as she is on her own and quite elderly and like I said before we didn't want to spoil her new home experience.
Enjoy your holiday!! Totally envious!

 

[mattylad]

The dispute is with the neighbour - they are responsible for their builder - they pay them.

 

[JBR]

Such lovely people on this site.

Well, some of us are!

 

[myanne]

Is that right Mattylad? That makes it tricky. And you are JBR! All of you.
Thanks for your comments.