Soakaway not as per passed consent

bobbychops

My partner and I purchased our property just over two years ago. Approximately 16 months ago we discovered that our neighbours soakaway was leading into our side garden. We contacted them and also had a drain guy here as well who confirmed that it was definitely coming from their soakaway. We got no where with our neighbours who wouldnt accept liability so we then had to contact the NIEA who duly started the process of contacting them etc. 6 months down the line work finally started on our neighbours property. Their contractor has dug a trench from their garden into an adjoining field along the field and our boundry fence and has laid yellow perforated piping etc (they have had to fit a new bio system which allows them to run this piping in a ditch). The trench continues right around our boundry and into another adjoining field (owned by the same farmer). Their digger man has dug up approx 2 foot of yellow piping and broken and lifted concrete piping which exits from our garden into this corner of the field. We have no idea what the concrete piping is possibly a field drain which could have been there for years and years. Subsequently the NIEA came and did a dye test on our septic tank and dye did show up in this area. We have since got a letter from the NIEA saying our our soakaway is not as per the original consent given in 1999 and it should not be flowing into this field. A copy of the consent shows that it should have 75metres of soakaway. We are getting CCTV down on the soakaway next week which should show us more detail.

We have contacted our solicitor who has told us we have no comeback on the previous owners, builder and there is no NHSBC, it also not covered under our insurance. Can anyone give me some advise if we have any comeback on building control or anyone at all. It could be a very expensive discovery...

Enemies.Closer

bobbychops

I have been through the exact same situation as you are about to go through!!

It took 4-5 years to sort it out but it went in my favour!! A jail term was threaten to my neighbours thats how serious it got before they would do anything about it!

Where are you located? Who from the NIEA have you been dealing with? I have good contacts within their if you let me know I can PM them to you??

Enemies.Closer

Also forgot to mention!!

I think the solicitor acting on your behalf when you purchased the property should have done more investigation into the Concent to Discharge, you may have some comeback with them or you might be still with the solicitor!!

I changed solicitor in the middle of the hassel as he had not got a clue what to do and I owed him money which he was holding on to the file until I paid him!! I told him I would sue him if he didnt give me the file as he was the one who overseen the purchasing of the house in the first place!!

He give me the file with no payment owed!!

Also watch solicitor like a hawk, they charge for everything and charge well!!

bobbychops

Hi, thanks for your reply... unfortunately the soakaway is something that neither my solicitor or even the standard house survey that we carried wouldnt have shown anything about it - ie that is wasnt as per the consent. As far as I know the septic tank can be tested but it wouldnt involve checking the correct length of pipework was inplace. We are based in Co Antrim. Thanks again. Any advice gladly received. I take it it was your neighbours soakaway was incorrect not your house then?

Enemies.Closer

Yes it was my neighbours but they wearing running thier sweage into my septic tank which I wanted to remove to put a new treatment plant in!!!

Its a very sticky position to be in I can give you deatils and a number of the fella in Lisburn NIEA HQ who helped me out if you like?? PM me if you want this?

bobbychops

Hi thanks but Lisburns not my area so he wouldnt be able to help.... will just have to put my nose to the grind stone. It ridiculous that these things are allowed to happen though.

WTE_Ltd.

Unfortunately, in 1999, ridiculas though it was, the Building Inspectors responsibilities ceased at the septic tank. The soakaway did not form part of his inspection. Builders got away with murder untill Section H of the Building Regulations came out in 2002, when the BI inspections also included the soakaway.

You mention that the builder next door is currently installing 'yellow' pipe?? If this is the ridged, coiled type of perforated pipe, then it is NOT allowed to be used for sewage effluent soakaways under Section H2 of the Building Regs or under BS6297:2007. If the Building Inspector has passed this, then he has ignored his own Building Regs and you may have some power over him as a result?