Issue with new build

Joined
5 Aug 2006
Posts
11,434
Location
Derbyshire
Hey all.
I am having some ongoing issues with a new build and wondered whether any fellow forum members have had a similar issue.

Background:
- Last year I moved to a new build.
- The field has an invisible dividing line down it, with ~10% of the field being in a different postcode. The result is that 90% of the field has been raised up in order to build on. The remaining 10% has been seeded and left as is. The remaining flat field captures water, with nowhere for the water to go. As such it floods (photos below showing the results of a 45 min downpour).
- I told the builder that the field was flooding and that they had not sufficiently tapered away the soil from my lot i.e. the flood comes to within 1m of my fencepost. The builder's response is 'we do not own the field'.

I now have had the privilege of being taken care of by the 'customer service team'. They don't answer the phone nor do they respond to emails. Only upon stating that I will either show up at their HQ or get in touch with citizen's advice did they make contact.

Last week the manager visited to review the my outstanding snags, the biggest of which is the above. He noted that there used to be a ditch beforehand for the water to go in. After waiting a week for a response, the builder has decided to take no further action.

I believe that whilst they do not own the field, the developer has a duty to resolve the issue because the field floods as a direct result of their construction. This could be digging a gully or adding a drain to the boundary. The photo shows around half the remaining section of field. The other direction has approximately the same distance, with a small stream that is approx 1m below ground level.

I marked up various decent photos in my emails to the builder.
You can see that the side lawn belonging to my neighbour gets flooded. Thankfully my plot is around 6" higher than theirs. You can just see the corner of my plot at the bottom of the photo.
UCqYoCb.jpg
1RABSa4.jpg
P4cXqR8.jpg
 
Last edited:
a couple of ideas
- you have neighbours who jointly share the problem .. if it gets worse looks like it would bridge the road, or maybe already has to right of red car
- I think I'd be contacting the local council and building inspectors, since inadequate drainage, that may encroach on road will become their problem, they can give advice nonetheless
- call NHBC too (poor drainage ... potential flooding/subsidence) .. they must be able to access original plans.
- you've mentioned it before now, and taken pictures, if you've been there a year ?
- if most 90% of the green area willl be imminently built on (do you know who owns it)... imaybe there's a plan to re-landscape/level/drainage it (but of course you need assurances now)
 
(.. they're just making everything blurred if you've exceeded their latest free limit ... any old pics too .. the webs littered with their bad advertising - company sucide )
 
Are you willing to lose land to have this rectified?
Not an option when the pathway is to my front door and there is little room to add a gully or drain. Even so, losing land to do some digging is not a reasonable rectification method.
a couple of ideas...
Thanks for the pointers :).
I should have mentioned that they tried to stick some soil at the corner of my plot. It was a an awful job as they left a 6" high perfectly straight edge, which lasted less than a day before it all fell down in the rain.
Try a decent image host like imgur.
(.. they're just making everything blurred if you've exceeded their latest free limit ... any old pics too .. the webs littered with their bad advertising - company sucide )
Sorted. OP updated :).
 
Good advice from jpaul. Also might be worth visiting your local councils website and having a look at the planning applications for what's being built. Depending on the council you may be able see some drawings relating to the drainage requirements.
 
Can you clarify if there is further building work being planned on that field, or if you meant that they'd finished building all of your houses on the 90% they owned, but the last 10% is the waterlogged field you've shown?

That is a pretty waterlogged field to be fair, and in some respects the builder may be right that if it's not their field they can't do anything with it. Normally planning applications contain details of surface water drainage assessments, you may be able to dig those up off the council planning portal.
 
Can you clarify if there is further building work being planned on that field, or if you meant that they'd finished building all of your houses on the 90% they owned, but the last 10% is the waterlogged field you've shown?

That is a pretty waterlogged field to be fair, and in some respects the builder may be right that if it's not their field they can't do anything with it. Normally planning applications contain details of surface water drainage assessments, you may be able to dig those up off the council planning portal.
They have nearly finished building on the 90% they own. The 10% they do not own used to have a ditch/gully that ran down to the brook bang on the border that has been totally filled in. You can't really see but the tree line along the bottom is a 1m deep brook.
As an FYI, the 10% of field left belongs to a totally different council, which never helps.

I have drafted a response to the builder stating that they have caused the issue irrespective of who it belongs to and that no action is not an acceptable response.
 
Last edited:
The black line on the 2nd pic that runs parallel with your property border, is where the ditch ran previously?

The builder filled that in, despite not owning the land there?

Did that then cause the problem as the ditch they filled in used to carry away surface water?

If all of that is true, then they have created a problem. Can a new drainage ditch not be dug along that same channel away from the houses?
 
The black line on the 2nd pic that runs parallel with your property border, is where the ditch ran previously?

The builder filled that in, despite not owning the land there?

Did that then cause the problem as the ditch they filled in used to carry away surface water?

If all of that is true, then they have created a problem. Can a new drainage ditch not be dug along that same channel away from the houses?
You are correct. The builder has overspilt soil i.e. there is a bit of a taper down from the border to the field below. I have photos from Google Street view that shows the construction.
WQuXThd.jpg
 
Last edited:
Builders will be held responsible as it’s an adverse effect from their building works so I’d look in to getting some legal help from citizens advice
 
I'm not sure I can add more to help here, but yeah definitely worth following up with the council/builders as they seem to have caused the problem by taking the actions they have.

How much can it possibly cost to dig out a drainage channel to direct the water somewhere more appropriate? seems the most reasonable course of action.

Look into the drainage plans of the site itself, speak to council planning offices to get their take on the situation as well.
 
prepare to spend a long, long time trying to get this resolved - if they don't own the land there will be a huge amount of legal shenanigans needed to do any work and they won't want to pay for anything at all!
One shortcut might be to go direct to the environment agency and tell them this new development has caused flooding outside of their boundary - they are likely to be the only body with any real power to enforce in a case like this, guys like nhbc won't have any interest as your house isn't really under threat and I don't believe they take any real interest in infrastructure issues
 
prepare to spend a long, long time trying to get this resolved - if they don't own the land there will be a huge amount of legal shenanigans needed to do any work and they won't want to pay for anything at all!
One shortcut might be to go direct to the environment agency and tell them this new development has caused flooding outside of their boundary - they are likely to be the only body with any real power to enforce in a case like this, guys like nhbc won't have any interest as your house isn't really under threat and I don't believe they take any real interest in infrastructure issues
Would the environment agency be part of the council?
 
They don’t own the field, they don’t care about you... pretty much sums it up. Prepare for a long fight and dont expect any results basically.
 
Back
Top Bottom