# Front garden wall fell down. Who is responsible?



## Juppie (14 Dec 2010)

Hello all!

I'm not sure if I am posting this in the right forum so feel free to move it if needed.

We bought our new build house six years ago and are covered under homebond. About 3 years ago some of the side and front garden walls in the estate started to fall down. Recently my DH noticed that ours had started to wobble and last night it finally gave way and fell down while we were in bed.

Today my neighbour rang the builder as part of her wall had fallen down too. He claims it has nothing to do with them and that it is covered under our insurance. I don't believe it is covered under homebond so does that mean our own house insurance has to pay to get it repaired? It was just lucky that nobody was walking by at the time when it fell. Surely it is the responsibilty of the builder who built the wall to repair it?

Can anyone please advise?

Thanks in advance.


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## AlbacoreA (14 Dec 2010)

It would be cheaper to get it rebuilt than sue the builder. 

That said if he can't build a wall properly, what else did he not do properly. 

Why are they fallling down?


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## Thirsty (14 Dec 2010)

Have you checked with Homebond to see if the garden walls are covered?


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## AlbacoreA (15 Dec 2010)

Homebond only covers major structural defects. A garden wall is not structural. IMO.


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## Geraldine2 (15 Dec 2010)

I've no experience whatsoever in building.  Could it be that  the wall was built without a proper foundation?  If that were the case I believe it would be the builder's responsability.


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## AlbacoreA (15 Dec 2010)

Perhaps. Could be subsidence due to something else either. perhaps it was undermined by some other work, a footpath, bus stop, etc. Either way you'd have to prove it, and that would cost more than rebuilding the wall, probably.


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## MandaC (15 Dec 2010)

*Same old same old*

We are all having the same problem in our Estate.  Houses built 3-4 years!


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## dereko1969 (15 Dec 2010)

Juppie said:


> Hello all!
> 
> I'm not sure if I am posting this in the right forum so feel free to move it if needed.
> 
> ...


 
I can't help with your query but if anyone else notices that their wall is wobbling, rather than just relying on luck, they should actually either knock it down themselves or put restraints on it otherwise you may face seriously injuring or killing someone.


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## onq (15 Dec 2010)

Hi Juppie and MandaC,

In relation to boundary walls this is a bit of a grey area.

This is because  boundary treatment is not part of the house per se.
The definitely has implications for any action by the Building Control Officer, who usually deals with defects in the houses.

However in one housing estate where there were defects in the houses and also the rear gardens in terms of them being waterlogged, Building Control pursued the Developer for Building Regulations
- Part C Resistance to Site Moisture and 
- Part D Materials and workmanship and 
- Part A structure, .

So there may be a role for Building Control to play.

The exempted development schedule specifies the standard of block walls in terms of finish.
The planning permission for the Estate may have specified the boundary treatment.
This suggests there may also be a role for the Planning Enforcement section.

Depending on the definition adopted by the Health and Safety Authority, an estate may or may not be deemed a place of work.
If I was a litter collector and a wall fell on my however, I would hire the best solicitor I could to pursue the builder and the Council on a Health and Safety claim.
There may be wider implications for the safety of the public overall and who gets the blame may rest with whether the Council has taken the Estate in charge or not.

Numbers and loud voices count.
If you haven't already formed a Residents Association or Group, I suggest you start one.
I suggest you involve an architect to look at your houses before five years have elapsed since completion.
I suggest you involve an engineer to look at your boundary walls foundations and buttresses, ground conditions and site drainage.
Choose professionals who have a track record in investigating and undertaking remedial works and who are capable of swearing in Court as expert witnesses.

ONQ. 

[broken link removed]  

All advice on AAM is remote from the situation and cannot be relied upon  as a defence or support - in and of itself - should legal action be  taken. 
Competent legal and building professionals should be asked to advise in  Real Life with rights to inspect and issue reports on the matters at  hand.


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