Who is responsible - BC regs broken where pipe laid with no soakaway

[TAS095]

A ‘Close’ consisting of 8 detached properties was built in the 80’s adjacent my property. In Jan’16 my property was flooded at the foot of my garden resulting in a mudslide on the 100ft embankment which borders the end of my garden on the railway below.

An excavation last year discovered an open pipe, 9” diameter 7ft below the surface with no provisions of a soakaway, it would appear to have been pushed through my boundary during the build of the development. The water from this pipe is from the surface water of the properties on this development.

All parties are rejecting ownership of this and as it’s not from my land but discharging from the development, I’ve been advised that it’s not my responsibility.

I’ve tried to get this resolved but just get closed doors.

Who is responsible for the development or who would have signed off on this and who would be ultimately responsible for ‘illegally’ installing this pipe without the required soakaway?

If someone could give me direction on how to deal with this and who I would need to contact, what protocols should have been followed.

I now also have an issue where the ground is so saturated my property is damp, pulling 40 litres a day with a dehumidifier which constantly shows the moisture level between 80-90%. I have black mould everywhere and algae growing on the wood furniture, my son and I both have respiratory disease and have had to move out because of this. Is there a way of proving the water/pipe issue is responsible for the damage to my property, if so who do I need to contact and what do I need to have done.

If somebody could please lead me in the right direction I’d be extremely grateful.

Many thanks

TAS

 

[Doggit]

Firstly, do you have legal cover on your insurance, as that would help you fight the case; but I'm not sure you'll get very far. I think there's a 10 year limit on enforcement, so Building control can't be held responsible, but they might search back through their records for any details they can give you. The owners of the properties won't be responsible, as they didn't build them, so you'd need to do a search at land registry (costs £3) for the land details, and that might give you the developers, but do you have the funds to sue them. I would contact your insurance company, and see what their opinion is. I've no idea whether they'd cover the garden, but they might arrange for the house to be dehumified on a commercial basis.

But as to the mould and the high humidity in the property, how well is it ventilated, or have you kept the windows closed in the recent cold weather.

 

[^woody^]

It's the responsibility of the landowner discharging into the drain. The landowner may in turn have a claim against the builder.

 

[Doggit]

So in essence, he'd have to take action against 8 people. I wonder if it's worth blocking the end of the pipe with concrete, and then see what reaction he gets.

 

[bernardgreen]

In Jan’16 my property was flooded at the foot of my garden resulting in a mudslide on the 100ft embankment which borders the end of my garden on the railway below.

What action or comment did Network Rail do or say about the mud slide. Are they aware that the surface water drainage from the 8 properties may be creating a hazard to the safety of the railway line. ?

 

[Notch7]

Who did the excsvstion? Was that incidental or was the excavation done to search for the cause?

As it shouldnt be there and nobody from the close is interested in taking ownership, Is there any reason why you cant just block it up? -afterall your nrighbours are saying it doesnt exist.......

I would have thought each house should have its own soakaway discharging into each garden. If all houses are discharging into a storm drain, then that should go somewhere suitable, like a watercourse to discharge.

Are you sure the surface doesnt come from the nearby roads?

 

[TAS095]

Unfortunately it’s not covered by insurance which is why I’m trying all avenues for advice.

Network Rail originally served me with a notice to get the pipe fixed as it was originally thought to be s broken pipe, but since the excavation/ investigation this has been dropped as it’s not my responsibility. The only place they can take the pipe to is the open culvert on network rails side but they’ve refused, they won’t accept the output of the pipe even though it’s erroded further and has reduced another foot in the last year. Network Rail are aware it’s a hazard but have stated it’s ‘not a priority’.

I’m at the end of my tether and don’t know which way to turn.

I’ve been warned against blocking the pipe or diverting the ‘stream’ that’s currently going through my garden, the soil is so saturated for the entire length of the garden (150ft) that it’s like walking on jelly. The excavated hole, 6ft by 2ft & 7ft deep is full of water and this is now where the water is running from.

 

[Ian H]

Surely 8 houses on a 9" pipe wouldn't go to a soakaway anyway?

 

[TAS095]

Four of the properties back onto my garden, I’ve been told the pipe is to drain the surface water from all 8 properties but none of it is road water.

This is why I feel it’s a cover up and no soakaways have been done, especially as now I’m not responsible for the costs of the excavation which was originally going to be a charge against my property.

I’ve been excluded from all meetings and have also been lied too which makes it all the more suspicious.

 

[Notch7]

Have you spoken to the environment agency?

Have you tried getting anywhere with the building control office?

You could try a parish councillor.

I suppose you might be able to get hold of building regs drawings for the houses, it should specify how surface water drainage is dealt with.

I wonder why its only become recently, some 30 years after those houses were built?

Is it causing your house to suffer from movement cracks due to heave?

 

[Notch7]

It must be tempting to get a massive pump and return the water back......

 

[Doggit]

I think you need to contact a solicitor that's versed in these matters, as although Network Rail have decided to take no action against you, they are also not taking action against wherever the pipe is coming from. But if there are meeting between them and the other properties, then you should be informed as a courtesy as it's affecting your property. As I said earlier approach building control, and your local water people, and see if you ascertain the local plans to see exactly where the pipe is originating from. Can you extend the pipe so it bypasses your property.

Who's said that you can't block the pipe; it's illegally on your property, so I don't see why you can't. Maybe you fit a U bend, and send it back to where it came from.

 

[KenGMac]

How about the Citizens Advice Bureau for some "FREE" advice? including at times from a Para-legal?

I of course am assuming the CAB operate in England??

Ken

 

[Doggit]

He could try them, but I suspect this is a bit above their normal remit. A lot of solicitors offer the first interview free, and that'll give him an idea of what's involved, and might point him in the right direction before he has to engage them.

 

[TAS095]

The environment agency have been involved as it was them that Network Rail asked to serve me the notice. The water company have stated it’s not theirs but have been involved in the meetings. These meetings have just been between the council, Network Rail, environment agency, water company but the residents have been excluded.

I haven’t tried building control as I thought they were affiliated with the council (whom I feel are trying to covering this up). What information should I be able to get from them?

Where can I get the building regs drawings for the houses?

The soil is clay, I think where we’ve had so much rain in recent years there’s nowhere for this to soak away anymore, the ground is just sodden.

I tried diverting the water over the edge where the mudslide occurred but Network Rail advised me to fill this in.

I can’t put a u-bend in or divert the water back as our road runs downward so the water would just drain to mine anyway.

I’ve noticed some cracks in my garage and some of the block paving has sunk.

I keep my windows partly cracked open all year so there’s plenty of ventilation.

As the pipe is at the rear of the property, right down by the rail line border, there’s nowhere to divert the pipe, the only possible place was Network Rails open culvert but we got a definite no on that one.

What type of solicitor would I need to source if I had to go down his route (but this would be a last resort as I’ve just finished paying out for probate settlement).

Would an ombudsmen of some sort be any good?