different waterlogged lawn query..

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daithi

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We moved in to our house on newly built estate(in oct. 2002)whose prospectus advertised the houses as having "lawns landscapred front and rear" Within 6 months the first lawn died-due to complete lack of drainage.We returfed the lawn on oct 2003, and it has died again.Our landscaper has recommended that the remains of the lawn be taken up and a system of drainpipes + associated gravel be installed. My question is -as the builder/developer is still on site, do we have any legal entitlement to finincial assistance from him to repair our unusable lawn?? btw our neighbours either side have the same problem..Daithi
 
daithi said:
We moved in to our house on newly built estate(in oct. 2002)whose prospectus advertised the houses as having "lawns landscapred front and rear" Within 6 months the first lawn died-due to complete lack of drainage.We returfed the lawn on oct 2003, and it has died again.Our landscaper has recommended that the remains of the lawn be taken up and a system of drainpipes + associated gravel be installed. My question is -as the builder/developer is still on site, do we have any legal entitlement to finincial assistance from him to repair our unusable lawn?? btw our neighbours either side have the same problem..Daithi
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You'll probably find small print on the advertising stating that it is not to be considered a contract, so you will have difficulty with any legal entitlement to compensation. However, your solicitor should be best positioned to advise you of your options on this.

My experience from buying a new house 10 years ago, was that it wasn't a question of what assistance you were legally entitled to - it was a question of how much hassle/pain you could create for the site foreman. Is there any practical help he can give you? If so, just plant yourself in the site office until he agrees to help. And plant yourself there the next day until the help arrives.
 
Thanks for the advice-it also transpires that the builder has also routed storm water pipes directly into the gardens,rather than into the land drain system. It doesn't seem legal to me,will definitely be talking to a solicitor about that.Unfortunately , builder is one of the most stubborn,unreasonable men ive ever met-thats why the legal route is the next step for us to take... daithi
 
Misleading advertising is a reason to complain.A prospectus is an advertising , a part of it.So the law should be on your side.I don't consider a swamp as " lawns landscaped front and rear ".
 
It appears that the builder may have routed the stormwater drainpipes directly into the garden, rather than connecting them up to their appropriate junctions which is contrary to the plans submitted to the co council. This may be the cause of our flooded garden...i wonder if this rerouting is illegal, and if so cuold we make a claim against him for damage to our lawn??...daithi
 
Don't know about claiming against the builder but normally once the development is finished (even for private and gated developments) the local authority will inspect public utilities (even if they are not taking them in charge) and will ensure that remedial action is taken (either by the builder or by the local authority themselves who will charge the builder or retain whatever bond was lodged in advance of the development being built).
 
In many countries it is illegal to run rain/storm water pipes into the sewers.The public sewers could/would be flooded every time it rains,making the sewage treatment plant obsolete.Only here in Ireland I have witnessed this practice ( and in some southern European countries).So maybe the builder has simply followed common sense by directing the outlet of your raindrains into the ground.But the "soak away " must be provided for ,this should be capeable to take the amount of rain water coming down even in heavy weather.If these had been dugged into waterlogged ground (at ground water level) than this would be clearly a breach of good practice.It could endanger the structure of surounding buildings.
 
..just a quick update..my neighbour has had the same problems as me as regards waterlogging-they had been ba ck and forth with the builder who always refused to do anything. On wed am, 2 guys go in and do a suspiciously half-assed attempt at fixing their problem..without my neighbours knowledge or permission! Does anyone know exactly how illegal is this(im sure it has to be) adn whether seeing as work was done on their garden can we get recompense for work done on ours??..daithi
 
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