Builder problem - how long can they take to fix?

cjno1

Hi all,

Full disclosure - I'm in Scotland, where I know the laws are very different in some places, so please only answer from a Scots Law perspective if possible.

I've had a long-running issue with my property, which was built in November 2014. In around March 2015, it was noticed (not sure by who) that the builder had built part of our block of flats on land that they didn't own, and which was still owned by the council. The area of land affected is a very narrow strip between our block and the main road, unlikely to ever be used by the council for anything,

Initially, we (the tenants in the affected block) were offered a title indemnity policy as a resolution, so that we would be compensated if the council ever found out / wanted to use the land. But we rejected that on advice from our lawyers, saying that they should fix it by buying the land and having our title deeds corrected.

They agreed to this and, since then, have been taking forever to do anything. Honestly, every single step seems to take months. I'm constantly chasing to ask what the next steps are and have never had a clear answer, I always just get something back from my lawyer saying "their lawyer is awaiting instructions from the client".

Finally, two weeks ago there was progress, where the council agreed in one of their committees to sell the affected area of land to the builder, but even then I've still heard nothing about next steps, likely timelines, etc. It's been over two years since this was spotted and it feels like the builder is really dragging their heels.

In recognition of this, they offered me a buyback as an "interim" solution at the end of January. I've had valuations done on my property, but I still haven't had an actual offer over two months later . . .

Essentially, my question is, can they take this long? I would've assumed that there must be a law somewhere saying that these things have to be resolved in a "reasonable" period of time, the builder can't just sit on their hands and take as long as they like. Can anyone point me to any laws or examples of where they have done something about this? I could really use some help, I desperately want this resolved.

Thanks,

Chris

AdrianC

cjno1 wrote: »

Essentially, my question is, can they take this long? I would've assumed that there must be a law somewhere saying that these things have to be resolved in a "reasonable" period of time, the builder can't just sit on their hands and take as long as they like.

Are you sure the delay is with the builder?

You did say...

Finally, two weeks ago there was progress, where the council agreed in one of their committees to sell the affected area of land...

cjno1

AdrianC wrote: »

Are you sure the delay is with the builder?

You did say...

Thanks Adrian, yes I'm pretty sure it is. Because I've been in constant contact with my own lawyer (so I know the delay isn't with them), and I've also been in contact with the council several times. I know that the issue was only actually taken to the council in January this year, and now approved in March, so I'm not sure what they were up to for the previous year or so.

Unless someone is lying to me obviously . . .

davidmcn

If it was only agreed at committee two weeks ago I wouldn't expect the council's legal department to have progressed it much (or at all) by now. But it sounds like it is going to be sorted.

cjno1

davidmcn wrote: »

If it was only agreed at committee two weeks ago I wouldn't expect the council's legal department to have progressed it much (or at all) by now. But it sounds like it is going to be sorted.

Thanks David, I agree, it sounds like it "should" be sorted soon.

But my issue is (a) the length of time taken to get to this point, and (b) no idea from anyone how long the next steps take (physically signing contracts to transfer the land, then updating our title deeds).

I'm just looking for an idea of how long generally is reasonable for these things and whether I have any rights to push for compensation for delay.

Slinky

cjno1 wrote: »

compensation for delay.

Compensation for what though? Are you trying to sell? Is this stopping you getting on with life?

AdrianC

cjno1 wrote: »

Thanks Adrian, yes I'm pretty sure it is. Because I've been in constant contact with my own lawyer (so I know the delay isn't with them), and I've also been in contact with the council several times. I know that the issue was only actually taken to the council in January this year, and now approved in March, so I'm not sure what they were up to for the previous year or so.

Unless someone is lying to me obviously . . .

It might have only been formally taken to the committee in January, but you don't know what discussions have been going on before that.

cjno1

Slinky wrote: »

Compensation for what though? Are you trying to sell? Is this stopping you getting on with life?

It is now, yes. We'd like to move and are stuck where we are because of this. We've missed out on a couple of homes.

AdrianC

cjno1 wrote: »

It is now, yes. We'd like to move and are stuck where we are because of this. We've missed out on a couple of homes.

Sounds like you're in a better position than if you were just looking for a buyer - you HAVE a definite buyer, the buyback - it's just the price you need to firm up.

cjno1

AdrianC wrote: »

Sounds like you're in a better position than if you were just looking for a buyer - you HAVE a definite buyer, the buyback - it's just the price you need to firm up.

Correct, but as I said it's been two months since they mentioned that and no indication of their initial offer yet or a timetable for providing one.

The whole thing is frustrating, they've been incredibly unhelpful, completely lacking in communication and (it feels like) incredibly slow. I just wanted to know whether this time period is actually reasonable based on any experience / legislation, or whether it's ridiculously long, or somewhere in between.

G_M

1) it would have taken the council a long time (6 months? just a guess) betwen 1st hearing of the problem and geting it to the committee stage. Maybe longer.

2) it will take some time still. Council Legal Depts don't work fast. It will proboably also have to be referred to surveyors/valuation dept for the council to put a value on the sale and pass that to the legal dept.

I'd expect a wait of several more months.

3) I doubt you can claim for compensaion for the delay. You'd have to justify the amount of (financial) loss you have suffered. The only losses seem to be
a) your legal costs (which you should claim) and
b) any financial loss resulting from the inability to sell

It will be very hard to prove b) since

i) hard to know what price you might have got from a sale
ii) in any case, you'll still (eventually) be able to sell, possibly for more than if you'd sold last year

Plus of course, you could have
a) taken the indemnity insurace and sold with that
b) taken legal action against the builders long ago, but you chose not to

4) the builders seem to now be progressing the matter. The council have, in principle, agreed, all is moving forward.

5) you still have the option of buyback. If you want that - start putting on pressure and chasing.