New Build House On Empty Plot Affecting My Property

KarenT1978

Apologies if this is in the wrong forum. I couldnt see one dealing with either builders or planning permission.



A new house is currently being constructed on what was previously an empty plot on land directly adjacent to my own house. The builders constructing the house have been using a mechanical digger to initially remove tree roots however they have now moved on recently to use the digger to generally move the soil on the plot around. The house is just about built and is likely to be finished in the next 6 weeks or so. The builders have removed a top layer of soil on the plot such that what was a gradual downward slope from my property on to the empty plot now has in places a 14 inch straight drop from the soil on my land to that of the empty plot. I have gravel chip driveway that borders the plot and a few days ago a section of my driveway crumbled and fell in to the drop created by the builders. When I approached the builders to find out their intentions they stated the were not going to build the soil back up to its original level but instead have offered to brace the soil at the edge of my drive where the drop is by using concrete slabs.

Not being a builder I have no idea how effective this is likely to be. If I want to raise a formal complaint here or get advice who would be the best people to approach. Is this a matter for the planning authorities or some other local council body.
The property is in Scotland so I’m not sure if that affects things from a government body or legal point of view.


All suggestions gratefully received in advance.

davidmcn

Have you checked the planning details on the council's website to see whether they're following the approved plans?

KarenT1978

The planning details on the council website appear to be a series of drawings. They contain large structural details and dimensions for the building itself. There is no details that I can see on the drawings relating to soil removal and the eventual height of the ground when the project is complete

googler

Consult with a local surveyor and solicitor, possibly the building control dept at your local council.

Badger50

Concrete slabs on edge are an acceptable solution (if they are installed properly. You don't want them leaning like old gravestones after a few years). http://www.pavingexpert.com/featur06.htm

eddddy

You have a right of support for your land - so your neighbour should build a suitable retaining wall, and reinstate your drive.

If the retaining wall is only to be 14 inches high, building control won't be interested (or they wouldn't be in England - unless the regs are different in Scotland).

When the builder sells the property, the new owner will own the retaining wall, and your right to support will continue.

So if the wall falls down in the future, whoever owns the neighbouring property at the time will have to repair/rebuild it.