New build - sloping garden

C_W_1995

In December 2018 we moved into a new build house. The house builder is a very small developer and they don’t even have a website.

We have never actually dealt with the housebuilder, only the contractor and his wife who built the houses and his wife organised the sales for the developer.

When we came to view the house they had no proposed levels at all the contractor complained saying they didn’t have much to work with off plan, I asked about the garden as it was sloping horrendously and there’s a car park next door so I asked about privacy as the car park is at a lower level to the house.. they confirmed we would have a retaining wall alongside the house and the garden would be levelled off with a 6ft fence around the perimeter.

When we’ve moved in the garden all slopes to one corned but not a continuous gradient, the retaining wall ends at the house so the garden is not retained at all except for by two stacked gravel boards directly next to the walls. The slope is steep especially within a 1m strip of the boundary next to the carpark where it falls away at 1 in 4. The fencing also steps down quite quickly to the point at the bottom of the slope to the top of the fence is 4 foot.. which as you step out of the house at a much higher level means there’s no privacy or coverage from the car park..

The issue is is there are no proposed level plans and it was only told to us verbally. What grounds do we have for them to reinforce the garden?

We don’t want to leave it as is as our house is bordered by two other gardens whose gardens are levelled or at a continuous gradient!! So we need the builder to liaison with them.

In addition, next doors paving slabs come under the fence at a higher level to our garden!! Surely the fence should sit on the side of the flags?

Guidance and help welcome!!!

davidmcn

C_W_1995 wrote: »

What grounds do we have for them to reinforce the garden?

You have whatever rights were stated in your contract. If that didn't include a sufficiently detailed specification about the things you're complaining about, I can't see you have much scope to pursue it.

Is anything actually defective? Has it been built in accordance with the approved planning drawings?

C_W_1995

The only thing noted on the planning drawings was the 6ft fences, however there was a typo on this drawing which showed F2 twice, once as the black metal fencing on the frontage and in addition for the 6 ft fence. There are only two plans on the planning portal, one plan view and the other architects layouts but neither have any levels whatsoever.

I would assume there are minimum gradients they have to adhere to though when levelling?

There are no contractual drawings and we weren’t shown anything on plan it was just verbally what was going to happen with the garden.

eddddy

You can ask the builder to do something about the garden - but if nothing was stated in the contract, there's no way of forcing them to do anything.

As it's a property contract, the builder is only bound by what the contract says. Anything else that the builder said or wrote isn't binding.

(Also, there are no building regs or similar, that specify the max gradient of a garden.)

G_M

C_W_1995 wrote: »

........ they confirmed we would have a retaining wall alongside the house and the garden would be levelled off with a 6ft fence around the perimeter.

Then provided you got this added into the contract you can enforce it.

If you did not, you can't. You can, of course, request it and rely on their goodwill.

As a final option, the property is now yours to develop and enhance as you think best.

AdrianC

If the garden slopes that much, how high would the outside of the retaining wall be, plus 6ft, once levelled off?