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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6904
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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I live in a new build house & would like to know what are the

Customer Question

I live in a new build house & would like to know what are the builders legal obligations regarding the dispersal of rainwater to the rear of the property, my rear garden floods around the rear doors every time we get any amount of rain due to next doors garden being higher than ours & the garden slopes towards the house. The builders representative tells me that they have no legal responsibility for any rainwater to the rear of the property.
Submitted: 1 year ago.
Category: Property Law
Expert:  Michael Holly replied 1 year ago.
if your house is such that you get a puddle outside your back doors when it rains then the builder's representative is right.But if you have a persistent problem withy flooding in your back garden he is wrong.They built the house and they should have made sure there is adequate drainage for normal conditions ( i.e. not the tail end of a hurricane).So depending on the circumstances they may well have a responsibility for the rainwater both in contract and a duty of care .I am not sure what the level of pooling is outside your property but I do feel you are being fobbed off .I hope this helps . If there are any further points please respond I will be happy to reply.Best wishesMichael
Customer: replied 1 year ago.
Hello Michael
Sorry to leave it so late to reply to your answer, I hope you are still in a position to help me. Would it be possible for me to send you a short video of the water egress that cascades into my rear garden when we get a any sort of rainfall? If so can you supply me with an E mail address that I can post it to. The builders representative visited in early January & agreed to lay a surface drain which would only carry the water away once it has emerged from the point you will see in the video & does not really solve the problem, since his visit I have not heard anything from them & I have not really chased them.
My main question to you is would I have just cause to embark on a legal action against the builders to force them to install the correct drainage in the rear garden to resolve this problem?RegardsPaul Dutton.