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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought a house from a builder who had developed/extended

Resolved Question:

I bought a house from a builder who had developed/extended the property as a project before selling it on to me, and I have just found out that the soil/waste pipe drains have been run in to a surface water soak away instead of in to the sewer network. Obviously this is going to take some work and cost to put right; therefore I want to know if I have any legal claim through the small claims court etc against the builder I bought the property from and who did the work. Annoyingly the extension and associated work has a building regulations certificate issued by the council building regulations department; therefore similarly do I have any claim against the council on the basis that this certificate formed part of accepting the property is sound at the point of purchase? Many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this,
Alex Watts : When did you buy it and did you not have any form of surveys done please ?
Customer: Hi. Really sorry for the delay in responding, I didn't fully understand how Just Ask worked as I assumed I would get an email notifying me when the response came through.
Alex Watts :

That ok - I am on/off to as I eat my dinner!

Customer: Anyway, we bought the house in April 2012. We have a Severn Trent drainage and water enquiry document, which has a list of questions on it and one of them says "Does foul water from the property drain in to a public sewer?" The answer provided is yes!
Alex Watts :

I see. How much is it to put right please?

Customer: I don't have an exact amount yet, but it will be about £1000 just for the application through Severn Trent to put a new connection in to the main sewer, then the cost of doing to work on top, which I guess could be another £2000 if we need to dig up the pavement etc.
Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

I would consider sending a letter to both the builder and the Council

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court

Alex Watts :

Make the builder as first defendant and council as second defendant

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Alex, thank you for the advice.
Customer: one last question
Customer: does it matter that I didn't contract the builder to do the work, I just bought the house from him, but I know he did the work?
Alex Watts :

No, no difference at all.

Alex Watts :

Does that help?

Customer: Perfect, thanks again for your help. I will be leaving you some great feedback as soon as I get chance.
Alex Watts :

Thank you, ***** ***** is at the bottom of the page

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