Hello Brian my name is ***** ***** I will help you with this.
Have you had an independent survey done yet please?
No not as yet, to be honest I was trawling the we site In the early hous and noticed the website. I did not want to get deeply into the legalities unless I don' t get some feel that the issue will be resolved. The website seemed like a good way of progressing so that I could find out some
Hi Alex, I keep hitting return to start a new line and it sends out the incomplete message
Ok - so what is your question of me today about this please?
Note this is a question and answer site, we can give information and answers but we can not act for you.
My Question is are the builders legally bound to make good the damage that they have done and can it be done BEFORE they have completed the extension. I am afraid that if we drivE our car up the driveway we will loosen more of the supporting soiL/ hardcore below our block paving.
You want them to make good as they go along?
Yes Preferably. I know that they want to get the ground slab laid Within their four walls But when the is completed I would like the drI've way subsidence issue resolved by backfilling. We would also like the fence putting back up. However I think that they want build the inner breeze block wall and then the outer wall and use our drive Way for access to build it.
Is there a law that says they are legally bound to make good before they do anything else - no
But if you are seeking compensation then clearly the longer they leave it the higher the value of compensation would be
But there is no law either way saying when they should make good.
I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
I am Not seeking compensation just requesting respect for our property and requesting that they make good What they have damaged.
Yes indeed. There is no law either way sadly.
I always respect honeSty and that is what I want. Legally are they duty bound to make Good the damage they have caused.
Yes indeed they have
Thank you for your advice. I will approach the builder and Advise him of his responsibilities. If there is anything further I shall be In touch. The fact that the fence fell down demonstrates that he left it in an unsafe condition. Would that be an issue for the HSE. Like I have previously Stated I want to know where I stand and make the builder aware of HIS responsibilities. If I do not get any satisfaction with him I may well thRow that into the equation to persuade him I mean business if he does not be reasonable.
Indeed that seems the best way. Can I clarify anything else for you today please?
No I Think I have all the answers I need for today. ThankS again Alex
Happy to help. If I could ask you to rate my answer before you go today - the button should be at the bottom of the screen
No thanks I think I have all that I need for today.
If you need more help please click reply
Hopefully one last question. It would appear that the council planners approved the plans and it would appear that it allows the roof and guttering hanging over the boundary and into my property. I had frequently expressed to them throughout the planning stage that they should not cross the boundary. I lift out my fence panel each year to stain them and I do both sides then climb the step ladders and drop it back in. The current build does not allow for this.
I accidentally pressed return, the question is " I did not look at the plans as I trusted my neighbours and council to ensure their build would not cross over into our boundary, even though I did not review the plans am I correct in saying that legally they should not cross the boundary and I can enforce this on them?
Ideally I wanted, to know my legal rights as to how I stand. The gutter is, after discussion with neighbour only just going to be overhanging but they need access to maintain it. I was concerned how it would affect future owners of our property?
If you allow it then they are permitted access by law to maintain it.
That is the Access to Neighbouring Land Act. The Court would allow access for maintenance only.
Does that help?