Ask a Law Question, Get an Answer ASAP!
Hello, and thank you for your question. I am your Expert and I will provide the answer you require.
1. In these circumstances, where the soakaway was placed 3m distance from a retaining wall rather than the mandatory 5m, then you can sue both your neighbour for doing so and also building control for permitting them to place it there contrary to the Building Control Regulations. However, your liability will primarily be borne by your neighbour as it was your neighbour who constructed the soakaway. Be aware that to show liability for Building Control, you will have to show they supervised the work and approved it too close. From what you say, they did this, but just be aware there are additional requirements of proof against building control that don't apply when you are suing your neighbour.
2. Additionally, there will be liability for incorrectly calculating the necessary soakaway based upon a flat roof rather than upon a pitched roof as this directly affects the quantity of water using the soakaway. So, this is another basis for liability to be placed upon both your neighbour and upon Building Control. So, you should see a solicitor and get legal proceedings issued as a matter of urgency to get the matter dealt with before the retaining wall subsides.
3. Thank you for using the website. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website despite answering your question.
4. The time limit on issuing proceedings against Building Control is six years from the date of creation or two years from the date of discoverability, whichever is later. Against your neighbour the time limit continues as it is a continuing wrong with a continuing breach occurring.