New build - Developer has added second drain in garden without permission 10 months after completion

cerwoodford

Just looking for some advice as to where we stand... 

We completed and moved in to our new build property October 2020, we knew when moving in that there was a drain/drain cover in the back left corner of the garden and took this into consideration when planning what we were going to do with the garden. We want to put a shed in that corner so decided we would start the back of the shed up against the drain cover so that it was accessible. We knew we wanted to build our own shed to custom fit in this space so we put patio down with a path that would lead up to our shed door once it was built and put turf in the garden but left the space where the shed will be as mud. We bought a cheap temporary shed for storage, knowing it may be awhile until we can build our own shed. This was all done and completed (minus the new shed) by March 2021. 

Fast forward to July 2021 and I had builders (they are still building more new builds on site) knocking on my door over a few days asking me to flush toilets and wanting to look in the drain in the garden, I was accommodating but confused as none said why they were doing this. After two days of this I then had one of the site managers knock on my door and ask if they could access my garden, move the temporary shed and 'dig around' the existing drain at the back left corner of the garden. I agreed and their contractors came in to start work. I then went out for a few hours and came back and the work men said they were all done and left. We later realised they had put the shed back wrong and not put the supports underneath that were there previously, so we asked them to come back and fix this, they did. Then a few weeks later we realised that there was now a new second drain/drain cover partly under the temporary shed, in front of the existing drain. We had never been told they were going to do this. I contacted their customer support team about these issues 3 weeks ago and have been told they are 'looking into it'... but do we have a leg to stand on when it comes to have they done something illegal? It is a freehold property that we own and have been living in for a year now, surely they cannot do this without our permission? Not to mention the fact that we now may have to rip up and redo parts of the garden thanks to this unwanted addition! 

If you've got this far, thank you! I know it's long but I am at a bit of a standstill when it comes to knowing what we can do next.. 

980233

Did you not think to ask why when giving them permission to enter the garden and then leaving them at it for a few hours?

user1977

cerwoodford said:

but do we have a leg to stand on when it comes to have they done something illegal? It is a freehold property that we own and have been living in for a year now, surely they cannot do this without our permission?

What makes you think they've done anything "illegal"? Have you checked your contract? It's pretty normal for developers to retain rights to come in and finish off works where necessary. I suspect you'll find you have given them permission. All part of the joy of buying a newbuild rather than an established property.

canaldumidi

Even if the developer has not retained any rights as user1977 suggests, it sounds like you granted permission. Certainly to gain access, and certainly to " 'dig around' the existing drain" which, arguably, is what they have done.