# Builder built house in wrong position



## James_Mac (29 Nov 2021)

I have a query in relation to an estate house we bough off plans. Looking on the County Council planning site there is a specified distance to the boundary wall in the estate planning application, however it looks like our builder has mistakenly laid foundations and build block-work closer to the boundary wall by more than a meter. We are at first floor level we we noticed this error and the builder is insisting there is no mistake. The site is under half an acre and narrow so you'll appreciate that moving the house out by that distance is not ideal as we are right up against a boundary wall.

What recourse do we have here? 
Is it too late to ask him to knock and move walls by the specified distance? 
Is there any action the council could take against us for the builders mistake?


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## Sue Ellen (29 Nov 2021)

What does your solicitor have to say about this?


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## cremeegg (29 Nov 2021)

Sue Ellen said:


> What does your solicitor have to say about this?


I would say an engineers report would be your first stop.

"it looks like" is no basis to proceed, and indeed these things can be more complex than may be apparent.

If your engineer confirms that the building is not in accordance with the planning permission, and does not contextualise that statement in such a way as to remove any cause for complaint, then your solicitor may be able to give an opinion.

You might want to notify the council to ward off any future action from there.

You might want the builder to knock and rebuild, though that might take more than a strongly worded letter.

You might want to back out of the sale.

Does this issue arise with other houses in the estate?


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## Horatio (1 Dec 2021)

So the house & boundary wall are a meter closer than planned. Could it be the case that the boundary wall is in the wrong place & the house is correct? If that is the case then rectification may be simpler. Knock the wall & rebuild it in the right spot.

I would expect that all design measurements on the plan are based on a datum point. If the wall was pre-existing the build & is itself the datum point then it is more complex.

I would tread very carefully here if I were in your situation. While you may well be out of pocket for a meter of property, the implications of drawing attention to this with the local authority may evolve into a much bigger problem. I'd be trying to understand the problem at it's deepest level & resolving privately with the builder through compensation or similar before I'd bring in the council. In resolving privately with the builder I would be sure not to release him of any future responsibility (by assuming responsibility myself) of rectifying the situation should the local authorities pick up on this issue in future.

But that's just me.

Good luck - hope all works out for you...


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## Peanuts (1 Dec 2021)

Is the house parallel to the boundary wall along its entirety?


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## Leo (2 Dec 2021)

I'd ask for details of whoever is going to sign off on compliance and make sure they're aware of this issue and are prepared to put their insurance on the line in the event of problems.


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