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Balconys "designed" to drain one on to another

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London54
London54 Posts: 9 Forumite
Combo Breaker First Anniversary
in House buying, renting & selling
Hi,


I am about to complete on a newbuild apartment next month. I bought it off plan earlier this year. While walking around the building I noticed that the balconies have no undertray or drainage and the is a space between the boards in the decking to allow one balcony to drain right on to the balcony below.


I raised this to the Developer and told them I think there are safety and liability concerns with the balconies.
Safety - if someone on my balcony or the balcony above me spills a hot drink it would go right down on the people below.
Liability - Water, waste (e.g. overspill from plants, washing windows, leaves from plants) would be washed down on furniture and plants on the lower balconies.


The Developers are brushing aside my concerns initially telling me thanks and they will keep it in mind for future buildings. Then telling me that this is the way the balconies are designed and neighbours need to be considerate (wash balcony with a damp cloth only and no chemicals)


I've had a look around my neighbourhood and all other buildings seem to have an undertray at the least and in some cases drainage pipes as well.


They say this is the design and they will not change it. Apparently it has been approved by the NHBC.


I'm going to get an independent Engineer (more £££) to have a look at this to get his/her view.


Can I hold up completing on the apartment until this is addressed?


Am I being reasonable in my expectation here? Should all balconies have a drainage system?


Interested in thoughts and what I should do about this.


Many Thanks!
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Comments

  • BrassicWoman
    BrassicWoman Posts: 3,202 Forumite
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    My mate has one of these and it's fine. Bit of air between the slats does it good. I think you may be stressing over not much.
    2021 GC £1365.71/ £2400
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    It's not going to get changed. Buy this flat with this design of balcony, or don't buy this flat. It's your choice.
  • Herbalus
    Herbalus Posts: 2,634 Forumite
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    I hope you have the flat on the top floor!
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
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    I think your concerns are legitimate, I wouldn’t want to sit on a balcony where people above were spilling drinks or mopping, or even letting cats or other animals use it as a loo!
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    London54 wrote: »
    Can I hold up completing on the apartment until this is addressed?
    Not unless your contract specifically says the balcony is to be built to a different specification to the one they've constructed. Which I expect it doesn't, though we can't read your contract.
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 10 November 2018 at 6:20PM
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    I understand your concerns and like you I'd not be happy.

    But that's not the same as saying you have legal grounds for delay or to enforce a change of design.

    I seriously doubt you have a legal leg to stand on other than to withdraw from the purchase, assuming your contract allows you to.......

    Paying an engineer to look is a waste of money - just find out if there are specific Building Regulations covering balcony design like this, or not. I suggest you post your question, with a photo and/or detailed description of the design, here:


    https://www.diynot.com/diy/forums/building-regs-planning/
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    edited 10 November 2018 at 5:47PM
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    Red-Squirrel wrote: »
    I think your concerns are legitimate, I wouldn’t want to sit on a balcony where people above were spilling drinks or mopping, or even letting cats or other animals use it as a loo!

    I agree.

    One would hope that the developer would be the one liable should any boiling hot drink head down through a balcony floor onto someone on the balcony beneath and I would want to check that the culprit (ie the developer) would be the one that would be left "carrying the can" if that happened - and not me (as it certainly wouldnt be my fault for treating the balcony like a normal balcony).

    I've had a flat with a balcony before - and it literally never occurred to me during the time there to treat it any different to the way balconies are normally. If I wanted to throw a bucket of hot soapy water all over the balcony floor to clean it - that's what I did. I wouldnt have dreamt it could go through my floor onto anyone underneath - I just knew that (quite obviously) it wouldn't do so.
  • DaftyDuck
    DaftyDuck Posts: 4,609 Forumite
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    G_M, how is the incontinence, by the way? Age gets to us all, doesn't it?

    No, a [STRIKE]pee-through[/STRIKE]... um, see-through balcony wouldn't be for me. But, that's what is there. Buy it (and an umbrella for when G_M and I are swilling tea (laced with whiskey) with great abandon) or choose not to buy it; they won't change it for you, as it will be in the planning approval for one thing...
  • littlerock
    littlerock Posts: 1,774 Forumite
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    edited 10 November 2018 at 6:17PM
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    presumably you could consult a planning expert to find out if such balconies are legally permitted or in a gray area and then make your decision.

    Have you seen this ? https://sapphire.eu.com/technical-info/balcony-regulations-and-industry-guidance/nhbc/
  • xylophone
    xylophone Posts: 44,413 Forumite
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    http://www.psbj.co.uk/features/from-the-magazine/product-innovation/693-drainage-matters

    Safety must also be considered in any decision. The risk of hot liquids falling through the balcony deck onto residents below can be reduced by a drip tray or RWP.

    Check with Building Control?
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