Threatening preemptive letter from Barnet council about cost of damage to road - what are my rights?

marcosscriven · 26 April 2018 at 4:15PM

Hi
I'm having a chimney breast removed in my new home, so made a building regs application back in February. In mid-April I got this rather threatening letter. The first sentence reads to me like I've damaged the road, but reading further on it seems to be warning about possible future damage.

Now of course if I wantonly damage public property I should pay for it, but if a builder I employ damages it, how am I meant to control it? I am guessing it could cost thousands!

I phoned only for them to tell me to email - which I did 10 days ago. They've not replied since. What I want to know is how any normal resident can take the risk of having building works done?

What's particularly annoying is the letter seems to be sub-contracted out to 'Re Ltd.', who boast that they have raised £14m for Barnet council http://www.re-limited.co.uk/media/98732/Re_Annual_Statement_2017.pdf

Browntoa · 26 April 2018 at 4:25PM

You are responsible for the actions of your builders , just make it clear to them that you will be passing any bills from the council onto them to pay .

BT and the other utilities also chase damage to their ducts etc if damaged by third parties

Oakdene · 26 April 2018 at 4:28PM

As above, show your builder the letter & say that payment for damage will have to come from them, so that they know to be a little careful.

marcosscriven · 26 April 2018 at 4:31PM

It seems rather heavy handed from the council to me - doesn't say anything about welcome to your new home in the London Borough of Barnet, or thanking you for notifying building control. Just - we've taken a photo of the road outside your house, and we'll be coming after you.
Plus they are making it clear the debt is mine, only then to recoup if I can from builder. What if I can't?
It seems such a massive risk to me, if you really take it seriously.

Browntoa · 26 April 2018 at 4:37PM

Any decent local builders will be well aware of the scheme , agree a retention until the council have inspected

AndyMc..... · 26 April 2018 at 4:38PM

marcosscriven wrote: »

It seems rather heavy handed from the council to me - doesn't say anything about welcome to your new home in the London Borough of Barnet, or thanking you for notifying building control. Just - we've taken a photo of the road outside your house, and we'll be coming after you.
Plus they are making it clear the debt is mine, only then to recoup if I can from builder. What if I can't?
It seems such a massive risk to me, if you really take it seriously.

Was the damaged caused during your building work?

Do you know how?

shaun_from_Africa · 26 April 2018 at 4:44PM

AndyMc..... wrote: »

Was the damaged caused during your building work?

Do you know how?

There is no damage and the building work hasn't been carried out yet.
The letter is a warning sent out to advise the OP that the road has been inspected and should any damage occur during the works, they will be billed for it.

usefulmale · 26 April 2018 at 5:02PM

If I were you, I would trawl the locale and take photos of every pot-hole and ask when the council intend to adhere to their responsibilities of the aforementioned Highways Act.

EssexExile · 26 April 2018 at 5:24PM

usefulmale wrote: »

If I were you, I would trawl the locale and take photos of every pot-hole and ask when the council intend to adhere to their responsibilities of the aforementioned Highways Act.

That should get them on your side.

marcosscriven · 26 April 2018 at 5:28PM

AndyMc..... wrote: »

Was the damaged caused during your building work?

Do you know how?

This is what I thought they were saying - the first sentence really reads like that to me, and with the picture of the road outside my house, I was very worried.

But no, it turns out later on in the letter they are talking generally, not specifically.

usefulmale · 26 April 2018 at 5:45PM

EssexExile wrote: »

That should get them on your side.

You are making the mistake in thinking there are 'sides'.

The council have no business bullying residents when they are not upholding their side of the bargain unless, of course, there are no pot-holes in any roads in the London Borough of Barnet.

Threatening preemptive letter from Barnet council about cost of damage to road - what are my rights?

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