New Build developer needs to construct a gradient on my front garden

Evalo

Hi all,

Now in our new build house, there is no gradient in the front garden, and it is flat. But recently, we have got an email from the developer claiming that it has not been constructed according to the approved drawing. We have checked that there is a drawing showing gradient on my front garden marked by contour lines.

I would like to know what I could do to stop the developer constructing the gradient as I do not want to waste money hiring someone to flatten the gradient when the developer has left the site.

 The developer says that the gradient will slope from the parking space of the adjacent house on the right towards my property.

There are some concerns and potential danger if it is constructed.

1.       The gradient obstructs our access to the front garden from the gate.

2.       It causes potential danger when our kids access the front garden, especially in the dark.

3.       It may cause pooling of water near the foundation of my house.

However, the developer insists that they need to build in accordance with the drawings they have approval for, and they just agree to create a small flat area in front of the gate to allow access and egress from my gate.

I just wonder if they create a small flat area in front of the gate, they still do not build in accordance with the drawings.

Could anyone advise on what I could do so that I do not need to waste money to flatten my garden 2 years later?

silvercar

Deny access?

housebuyer143

Surely you own the land so they legally can't touch it without your permission?
They should have built it to the plan before they sold it to you really. 

user1977

housebuyer143 said:

Surely you own the land so they legally can't touch it without your permission?

Surely the OP entered into a contract which (might/probably) includes rights for the developer to come back and fix this sort of thing? They should be (re-)reading that first.

elsien

While appreciating that you don’t want it, which is absolutely fair enough, suggesting it’s a danger to children is a little bit of a stretch. 

K_S

@evalo A new-ish build estate I lived on a few years ago had similar work that needed to be done around the estate 4 years post build, and these were as part of council mandated requirements for the estate roads to be adopted by the local authority.

Is your road already adopted? If not then it might be for a similar reason.

Evalo said:

Hi all,

Now in our new build house, there is no gradient in the front garden, and it is flat. But recently, we have got an email from the developer claiming that it has not been constructed according to the approved drawing. We have checked that there is a drawing showing gradient on my front garden marked by contour lines.

I would like to know what I could do to stop the developer constructing the gradient as I do not want to waste money hiring someone to flatten the gradient when the developer has left the site.

 The developer says that the gradient will slope from the parking space of the adjacent house on the right towards my property.

There are some concerns and potential danger if it is constructed.

1.       The gradient obstructs our access to the front garden from the gate.

2.       It causes potential danger when our kids access the front garden, especially in the dark.

3.       It may cause pooling of water near the foundation of my house.

However, the developer insists that they need to build in accordance with the drawings they have approval for, and they just agree to create a small flat area in front of the gate to allow access and egress from my gate.

I just wonder if they create a small flat area in front of the gate, they still do not build in accordance with the drawings.

Could anyone advise on what I could do so that I do not need to waste money to flatten my garden 2 years later?

Section62

Evalo said:

Now in our new build house, there is no gradient in the front garden, and it is flat. But recently, we have got an email from the developer claiming that it has not been constructed according to the approved drawing. We have checked that there is a drawing showing gradient on my front garden marked by contour lines.

I would like to know what I could do to stop the developer constructing the gradient as I do not want to waste money hiring someone to flatten the gradient when the developer has left the site.

 The developer says that the gradient will slope from the parking space of the adjacent house on the right towards my property.

....

However, the developer insists that they need to build in accordance with the drawings they have approval for, and they just agree to create a small flat area in front of the gate to allow access and egress from my gate.

I just wonder if they create a small flat area in front of the gate, they still do not build in accordance with the drawings.

Could anyone advise on what I could do so that I do not need to waste money to flatten my garden 2 years later?

Developers don't spend money doing work unless they absolutely have to.  This could imply that the council has pointed out to the developer that the work hasn't been done in accordance with the planning consent and have asked for it to be rectified.

As user1977 suggests, developers typically include clauses which allow them to access properties they have sold to carry out further work as necessary.  If that applies in your case and to this work then you can't deny them access.

If the work is required by the council then the answer to your final question is possible that you would need to apply for planning consent for a variation to the approved plans. Typically there are planning conditions requiring landscaping etc to be retained as-is and not altered without the council's consent.

Bear in mind that a council has fairly wide-ranging powers to take enforcement action where there are planning breaches, and not building in accordance with the approved plans is a breach.  After asking nicely, the council's next step is typically to serve an enforcement notice.  These don't expire and are rarely withdrawn.  Having an unresolved planning enforcement notice on your home may make it unsellable when you come to do that.

Frankly, if the developer is offering to carry out work at their cost to bring the property into line with the approved plans I would be biting their hand off to get the work done (obviously assuming there is a planning issue here) - rather than having to pay for it myself and still have my home blighted with a planning enforcement notice.

theoretica

How is the level change handled at the moment?  A retaining wall?  The slope somewhere else?  No parking space for the neighbour?

sheramber

How long have you been in the house/

Is the developer still building around you?

Is there a gradient on the road outside the houses that teh radient across the garden will follow?

Cedartree123

I’d echo @Section62, it is unlikely that the developers are doing this out of the goodness of their own heart. Might be worth speaking to the council, but if it’s enforcement action this tends to be confidential. 

If they are doing it because of a request from the council for planning reasons, you will either be left with a gradient on your property that you do not want, or you will own a house that does not comply with planning permission - which could be subject to enforcement action. 

I’d try the council first, then ask the developer why they want to do this, but if you really don’t want a gradient on your land you should seek your own independent legal advice.

hazyjo

Cedartree123 said:

I’d echo @Section62, it is unlikely that the developers are doing this out of the goodness of their own heart. Might be worth speaking to the council, but if it’s enforcement action this tends to be confidential. 

If they are doing it because of a request from the council for planning reasons, you will either be left with a gradient on your property that you do not want, or you will own a house that does not comply with planning permission - which could be subject to enforcement action. 

I’d try the council first, then ask the developer why they want to do this, but if you really don’t want a gradient on your land you should seek your own independent legal advice.

I wouldn't bring it to the Council's attention.

Could they try applying for retrospective permission, or would an indemnity policy work if the council aren't aware?