Claim Against Builder

[madmaz50]

Our garden water table has risen by about 12 - 18 inches, because of new build houses (last Summer) over our garden wall, and it killed newly planted trees and even established bushes since the building. This winter we had standing water in parts of the garden.
Have we any recourse against the builder (he says he hasn't done anything wrong or done anything not in his approved plans) and simply doesn't want to know ?

[LoftyLottie]

Phone your local council and ask to talk to The Planning/Building Control officer for advice. I would be furious and I am sure you can take some action. I know someone in a similar situation.

[LoftyLottie]

These days hard standing areas are meant to be permeable and it may be that the builders have disregarded this. It needs investigating. This sort of thing is causing problems all over the country. There could be other reasons.

[bookbinder]

...and, it might be a good idea to get supporting evidence from your neighbours. If you try to sort out the problem as a group, you might get better results.

[LoftyLottie]

Good idea ^

[buildersmate]

Planners won't be interested; you may get more joy with Building Control in terms of advice, though it isn't their remit either to establish that neighbouring land will not be impacted.
Technically it's probably the Environment Agency, but if there is no overground watercourse been impacted by the construction, you are going to be in for a long fight.

[LoftyLottie]

Glad you turned up Buildersmate! ;o)

I suggested Planning as well I suppose because they are closely linked with Building Control, but you are right Building Control or the Environment Agency would be better. How about the Environmental Control people at the council? They certainly have been very active and involved in our recent development regarding impact on local properties.

[LoftyLottie]

The person I know who has been in a similar position fought for about 4 years and eventually the builder had to take action. This particular person and his wife are actually on the Development Committee of our local council!

[The Builder]

I've had a go at this in "Home & Garden" maz. Your duplicate thread. Really just agreeing with the others though.

[chrisuk013]

I would try going to the Environment agency to see if they will investigate – water table their responsibility. [email protected]. Give them as much details as possible, photos and names of the developers etc to help.

I expect it would be hard to prove that is the cause in terms of gaining evidence, but if you were to, I would guess you have a right to claim for losses against the developer.