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Posted: Mon Jun 07, 2010 6:56 pm
by elliott
I really hope you can help me I have exhausted all other channels!!! The house next door to me was built 4 years ago and the block paving footpath that she had laid alongside my property has no drainage and rain water runs towards my house. My property has started showing signs of damp. I have had an independent chartered surveyor come round to see and he determined that not only was the block paving to high (above the DPC) but that there is no drainage he also told me in writing that the Local Authority Building Inspector agreed that the footpath was to high but he had no powers to do anything as the final inspection certificate had been issued. I have spoken to my neighbour who is very unhelpful. I have been to the Local Council and they say it has nothing to do with them. I have trawled the internet looking for information and I found you!! My house insurance have refused to cover any legal action. What I really want to know is, is there a law stating that she must put sufficient drainage in and if so who do I see to action this also is it her responsibility to rectify the damage caused to my property. I have to add that she has the property on the market and I dont want to be in a situation where I have to deal with the new owners. She told me that she had a letter from her architiect stating that there is not problem and she stated the she can sue me for not having put my damp course higher.
I did approach the builders when the house was being built and expressed my concerns about the footpath, they gave the lady the option of drainage but she refused on the grounds that it would reduce the width of the foot path so they went ahead and built it.
I really hope you can offer me some advice, even if it is guidance to websites where I can gather more information.
kindest regards
Posted: Mon Jun 07, 2010 7:56 pm
by lutonlagerlout
she will really struggle to sell her house if a dispute arises between you,legally she has to disclose this to any prospective buyer,not really a great selling tool
theres blokes here know better than me,but I am pretty sure its a big no no discharging surface water against an adjacent propert
the path should not have been built above your DPC full stop
its not up to her its good building practise
LLL
Posted: Mon Jun 07, 2010 8:31 pm
by rab1
personally would send a lawyers letter stating your intent as for all intents and purpose communication/agreement has broken down and then wait for her to reply. as tony states she`ll never sell the property with ongoing legal action against it and might make her more reasonable. ???
Posted: Mon Jun 07, 2010 8:35 pm
by mickg
I agree with both the above comments, could you kindly post a photo showing the path in relation to your DPC level
how to post photos
Posted: Mon Jun 07, 2010 10:32 pm
by matt h
Concur with advice as above, immediate solicitors letter with claim against her property for damage caused. she cannot sue you for where your damp course is you can also sue the company who installed the path if you know who they are, as they have contravened building regulations
Posted: Mon Jun 07, 2010 10:40 pm
by matt h
ps.. who issued the final inspection certificate...could give rise for another complaint:rock:
Posted: Mon Jun 07, 2010 11:04 pm
by elliott
Is it a legal requirment to have a drain in a footpath that is attached to the adjoining property, and would have been on th eoriginal plans?
Posted: Mon Jun 07, 2010 11:10 pm
by elliott
matt h wrote:ps.. who issued the final inspection certificate...could give rise for another complaint:rock:
would this be a complaint against the individual or the department?
Posted: Tue Jun 08, 2010 4:23 pm
by elliott
I have been reading through the replies that have been posted, for which I am very grateful, I have been doing some research into building regs etc....the builder who actually built the house, when I approached him about my concerns reference the height told me that he had had advised the property owner to lay either gravel or some sort of darinage but she refused either, he went on to lay it anyway....is he at fault, as one reply stated that it was poor building practise?
Also it has come to light today that the final inspection certficate was issued even thought the building inspector could not gain access to the property and just looked at the front from the street and up the sides that he could see and passed it.....is this normal practise??
Posted: Tue Jun 08, 2010 8:33 pm
by rab1
the contractor who laid the paving is not responsible as far i know but the building inspector has a duty of care ie should have actually inspected the works.
send the lawyers letter as for all intents and purpose she will never sell the house with ongoing legal action against it.
Posted: Tue Jun 08, 2010 9:39 pm
by irishpaving
Can you not put an edge retainer in so the water backs into there own property ???