Prblems with builders and developers of new development beside our house

u101440

About 9 months ago our council (East Renfrewshire) along with a local housing associaton started a new build of flats (12 in all) beside our semi-detached 3 bedroom house. There was a massive outcry about this project due to usage of the building (designed for 18-25 year old males who cannot sustain a tenancy due to drugs, drink, etc problems). The outcry was mainly due to the location of the unit being sited at the end of a cul-de-sac which houses many families with young kids. I don't wish to dwell on this part as it's obviously too late to do anything about it.

However, the builders have been a complete nightmare to deal with. They don't seem to realise that we need to live in our home as well as them working where they need to.

The latest problem we have is several months ago they broke quite a few sections of our fence but maintained it was going to be replaced anyway. Now being an owner of my home I was obviously intrigued with this as I would need to give them permission to replace the fence but thought I'd wait to see what happens.

So as the months past nothing happened until suddenly boundary fences started going up around the new property. We contacted the local planning department to enquire about the type of boundary they had agreed would be put in. They stated it would be a wooden fence about 6' tall. So no problems there...but after we'd been down to the department (and the planners had spoken to them and the developers) the builders put this new fence about 8-12" away from our current fence and have simply washed their hands of the problems they caused to ours. They don't plan on replacing or fixing it. In fact the fence no longer ties into anything and is simply floating in our ground (they pulled down the fence that was on the ground being developed and our fence tied into this - with it being remove our fence is now incredibly weakened and may collapse).

This is only one item on an ever increasing list but my question on this matter is where do I stand? The fence was fine before they started, they broke it and said it would be replaced (it's on the plans for replacement) and now they don't and simply wash the hands of it. What recourse do I have in such a matter? I believe the problem lies with the local housing association as it would no doubt have been them that instructed the builders not to do the fence (in fact one of the builders I spoke to today - who doesn't agree with what's happening - said that he's been told by the site manager that we'd kicked up such a fuss that we could stuff our fence and there was nothing we'd be able to do about it.

I'm getting very angry about this one issue (and that's only one out of about 12 at the moment). We only wanted to know what was rightfully ours to know - what type of fence would go in place of ours - and now we're made out to be troublemakers.

Sorry for the rant but I'm wondering what others may think of this and of the course of action we can take.

We like in East Refrewshire in Scotland.

Thanx for taking the time to read my little rant. Hope it makes sense.

daveyjp

You need to be in contact with the Council Project manager for the site, not the contractor. If you have 12 issues you need a face to face meeting with this person. If this fails contact the Chief Executive and your local Councillors - do it now.

tomstickland

If I was caught smashing your fence up I'm sure I'd be charged with committing a crime. So I guess that you have some sort of legal case for having your fence returned to the state that it was in originally.

If the legal route fails then I'm sure the local newspapers would love to hear your story.

paddy's_mum

What you could do, of course, is say nothing about the fence, remove your own and just sit on the extra land for twelve years and then go for possessory title. Since they placed the fence where it now is, they'd have a hard job proving that they didn't gift you the land. Start cultivating it now and incorporate it into your own garden.

u101440

Thanx for this. You're right with this but of course when/if we approach the police on this matter there will no doubt be denials that they actually did anything at all.

We'll see what happens as I'm going to be contacting the planner we spoke to a couple of weeks ago to determine just what they've said and to who they said it to.

tomstickland wrote: »

If I was caught smashing your fence up I'm sure I'd be charged with committing a crime. So I guess that you have some sort of legal case for having your fence returned to the state that it was in originally.

If the legal route fails then I'm sure the local newspapers would love to hear your story.

kazwookie

Hi

I suggest you like other posters have said ask for a meeting, and start sending them letters listing all the 12 problems, ad asking what they are going to do about them.

Keep records of any phone conversations, days, dates, time and who, subjects discussed.

and if all else fails the local paper, they like human local interest stories.........specially if it is a slow news week in your area.

Good luck and keep us informed as to how you get on.

u101440

Thanx for this. The one thing I didn't mention is that although the developer is the local housing association, the units are being built in conjunction with the Council themselves...so they're not really going to end up policing themselves on this one and have already aggressively pushed a lot of things through which I don't agree with - like having the unit about 8 metres away from us at the closest point with about 4 of the flats living room and bedroom windows overlooking 3 of our bedroom windows for starters...

I've already had dealings with our local councillors but since one of them sits on the board of the local housing association again this causes problems.

daveyjp wrote: »

You need to be in contact with the Council Project manager for the site, not the contractor. If you have 12 issues you need a face to face meeting with this person. If this fails contact the Chief Executive and your local Councillors - do it now.

hewhoisnotintheknow

was it just a random builder that told you your fence would be put right?

adaze

paddy's_mum wrote: »

What you could do, of course, is say nothing about the fence, remove your own and just sit on the extra land for twelve years and then go for possessory title. Since they placed the fence where it now is, they'd have a hard job proving that they didn't gift you the land. Start cultivating it now and incorporate it into your own garden.

Thats what I'd do! If anyone asks you could just "say" that it was like that when you came home

daveyjp

u101440 wrote: »

Thanx for this. The one thing I didn't mention is that although the developer is the local housing association, the units are being built in conjunction with the Council themselves...so they're not really going to end up policing themselves on this one and have already aggressively pushed a lot of things through which I don't agree with - like having the unit about 8 metres away from us at the closest point with about 4 of the flats living room and bedroom windows overlooking 3 of our bedroom windows for starters...

I've already had dealings with our local councillors but since one of them sits on the board of the local housing association again this causes problems.

The Council/HA are employing the contractor to deliver a project to a standard within a timescale. You have a concern about this therefore the Council is where you need to complain to.

If you have been to the contractor, Council, Councillors, Housing Association where else do you think you can go?

All Council's have complaints procedures - instigate a complaint now.

kazwookie

http://www.eastrenfrewshire.gov.uk/council-and-government/comments-complaints-compliments.htm

Hope this is the right council, try there ^^