# Builder in liquidation, still responsible for estate upkeep?



## inver (5 Apr 2011)

hi,

I am in an estate where the builder has gone into liquidation. The estate has not yet been taken in charge by the council.

We are under the impression that as such the builder is expected to upkeep the estate (specifically cur the grass on green areas).

We are looking to talk with liquidators on this, has anyone else here had a similar experience or know if this is the case?


----------



## dahamsta (5 Apr 2011)

The builder is gone, the liquidator is now the operator of his company; and yes, s/he is responsible for upkeep to the estate if it hasn't been taken into charge of the council. In my case the liquidator wasn't doing (some of) these duties and I found that the council brought pressure to bear on my behalf. This was for lighting though, which carries a security and safety element. Even that took 6 months of faffing about trying to find the right person, and regular emails to keep the pressure on.


----------



## shesells (7 Apr 2011)

Is there a management company in place? Are all the units sold? 

Most councils won't take on grasscutting when they take new estates in charge, have you checked that yours actually does?


----------



## PetrolHead (7 Apr 2011)

In a similar situation and although the developer hasn't gone into liquidation (but they may as well have) they have abrogated all responsibility for the estate. 

A Resident's Association has been formed to look after the open areas (grass, planting etc) with a small subscription fee to cover the cost. The response to this has been fantastic with many residents eagerly putting their hand in their pocket. It has also given all residents a conduit of communication to what's left of the developer (in your case it would be with the liquidators) and the council. 

I have to say the council have been exceptionally helpful, putting pressure on the developer to address issues (street lighting etc) and beginning the process of taking in charge. 

Inver - PM me if you want any more info.


----------



## Leo (7 Apr 2011)

PetrolHead said:


> Inver - PM me if you want any more info.


 
It would be good if this could be kept public in this thread/forum. There are likely to be many others in similar circumstances who might benefit.
Leo


----------



## serotoninsid (7 Apr 2011)

To the OP:  We are in a similar position as you can see here.

Hope this helps.  As others have pointed out, grass cutting is the responsibility of residents once the estate is 'taken in charge' by the council.  However, there is work still to be completed in the case of our estate before they would even consider taking it into charge.  
Should we still have to pay for this right now out of our own pockets regardless of whether the developer claims he is unable to pay???


----------



## Petermack (7 Apr 2011)

serotoninsid said:


> To the OP: We are in a similar position as you can see here.
> 
> Hope this helps. As others have pointed out, grass cutting is the responsibility of residents once the estate is 'taken in charge' by the council. However, there is work still to be completed in the case of our estate before they would even consider taking it into charge.
> Should we still have to pay for this right now out of our own pockets regardless of whether the developer claims he is unable to pay???


 
It may be worth asking the question of the council if the developer had to provide a bond until such time as the development has been taken in charge by the council. 
Interesting article here http://buckplanning.blogspot.com/2010/11/council-appeals-for-developers-bonds.html


----------



## serotoninsid (8 Apr 2011)

Petermack said:


> It may be worth asking the question of the council if the developer had to provide a bond until such time as the development has been taken in charge by the council.


Good call.  I have just done exactly that - and also asked if grass cutting is something we have to take care of again this year (I accept that the onus is on us to do this where the estate has been taken 'in charge' by the CoCo - but that has not happened yet).


----------



## rescue16 (8 Apr 2011)

We are in the same boat but the developer is looking for 149 euro from each house which there are 35 houses he is saying it is for lighting and waste he is also gone bust. We look after the grass ourselves but there are footpaths where they bricks are getting loose estate is only 6 years old. This forum is going to help me loads thanks for opening it op.


----------

