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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 7049
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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We have recently been contacted by the Environment Agency

Customer Question

We have recently been contacted by the Environment Agency who say that our new build homes don't have a permit for the Sewage Treatment Plant that the developer installed and have been told that our only option is to connect to a main sewer which will cost 150k - 200k. We have LABC warranties with our properties. Do you believe that the developer is in breach of contract?
Assistant: Where are you located? It matters because laws vary by location.
Customer: Gloucestershire, Tewkesbury
Assistant: Has anything been filed or reported?
Customer: We have reported it to the LABC
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: Thats all
Submitted: 4 months ago.
Category: Property Law
Expert:  Michael Holly replied 4 months ago.

Who managed the development?

Did the terms of your agreement with the developer include obtaining all the necessary permissions?


Customer: replied 4 months ago.
The development was managed by the developer who built 7 houses in totally. I spoke with my solicitor who said the contract says something about following all current regulations and legislation or words to that effect.
Expert:  Michael Holly replied 4 months ago.

On the face of it the developer would be liable under the term in the contract about obtaining following all current regulations which would include obtaining a permit for the sewage treatment.

The potential complications would be if the permit would never have been granted due to, say, the design of it.

In that case it would be the liability of who designed the system.

If there are any further points please reply I will be happy to respond.

Kindly accept or rate my answer on the system so I get credit for my time.

Best wishes