New Build Garden Slope Steeper than on Plans

scootar

Hi, according to the plans the slope is supposed to be 17:1, running away from the house. It is much steeper than this. The fall is well over 50 cm along a 6-7m width. I will have to work it out accurately when the weather improves. But my question is: are they legally obliged for the slope to match the plans?

The builder has argued it's a general 17:1 and so are not willing to do anything. The slope does vary in different parts of the garden. 

Hopefully someone can help me!  

Section62

scootar said:

But my question is: are they legally obliged for the slope to match the plans?

It depends what your contract says.

Typically developers protect themselves by including wording to the effect that plans and pictures are illustrative only, or sometimes go further and exclude all such documents from the contract.

Even if the plan is part of the contract, if the average fall is 1:17 (or better) then you may struggle to make a successful claim against the developer.  The courts are likely to make an allowance for the fact 'natural' surfaces very often have to have greater tolerance than hard surfaces, and if the developer has achieved an average of 1:17 (and the plan is not more specific than this) then they may have done what was expected of them.