Soakaway - Builder driving me insane...

So we have a new build from one of the major builders - we've had many many problems with it - over 150 defects since we moved in 16 months ago - safe to say I don't need to be told I shouldn't have bought new build!

So one of the issues we are still trying to resolve with the builder is the back garden. Its been waterlogged from soft underfoot to saturated and now its coming up through the paving slabs we had fitted (they were free because the build was late!)

The garden is approx 30m by 20m, within this sits the garage, which results in garden being 'u' shaped round the garage.

They tried to fit land drains to address the flooding, but the storm drains from the garage are 30cm ABOVE the garden height - in fact the entire garden and those above us drain towards the house itself and there is no drainage within the back garden at all.

I want them to lower the garage drains, fit land drains from the garden to the lowered garage drains - they thought that was 'excessive'.

Instead they want to fit a soakaway 0.5m away from the garage and 1m away from the 3 story house foundations - drawing water towards the house. Now the NHBC states a soakaway needs to be 5m away from any building foundation but they sent them a request - and surprise surprise the NHBC said "The NHBC are happy for a soak away to be installed in a garden for a drainage issue if it is within the 5 metre point of the structure".

I contacted the council who advised they could not advise on developments they are not responsible for and that the building regs didn't apply to a garden but then concluded with "I am confused as to why they would propose a soakaway since this would retain water in the garden, and I agree with you that the proposed soakaway would be far too close to any building. Guidance in Approved Document H (which can be found in full, and for free, on line), indicates that a soakaway should be at least 5m from any property."

Am I right to stand my ground here? that a soakaway shouldn't be within 5m of a foundation.I am willing to go as far as necessary but would like to see as much information as possible that we aren't being unfair in persisting here.

Thanks in advance!
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Comments

  • The soakaway may be pointless if the ground is heavy clay etc. I won't take long to fill and then the water will be coming out the top.

    I'm not sure what you mean by 'storm drains from the garage are 30cm ABOVE the garden height', a picture would help.

    It sounds like you'll need to get water draining to surface water sewers, assuming they're in the new estate. You many need a sump-pump to push water when the soakaway is close to full.
  • Furts
    Furts Posts: 4,474 Forumite
    Stand your ground here. Bear in mind the garage is covered by the NHBC Warranty so NHBC are putting their insurers in a dangerous position by adopting this tactic. Basically it is easy for NHBC staff to be coerced into this position, and to an extent the NHBC. This is because they are not picking up the bill, and ultimately they are not funding the risk. If you knew who the re-insurers were and contacted them I suspect it would be a completely different can of worms. This could be your line of attack.

    Equally refusing any remedial works is a risky move on your part - this is bad position to be in. Hence you cannot be seen to be refusing, but you can been seen to be negotiating, or offering alternatives.

    Ultimately you keep adverse publicity through a careful exposure as a future plan.
  • Furts
    Furts Posts: 4,474 Forumite
    The soakaway may be pointless if the ground is heavy clay etc. I won't take long to fill and then the water will be coming out the top.

    I'm not sure what you mean by 'storm drains from the garage are 30cm ABOVE the garden height', a picture would help.

    It sounds like you'll need to get water draining to surface water sewers, assuming they're in the new estate. You many need a sump-pump to push water when the soakaway is close to full.

    You should not be taking groundwater into surface water drainage because this is likely to be soil contaminated. Land drainage is just that unless a catchment pit is designed in. But then somebody has the responsibility for cleaning and maintaining this.
  • visidigi
    visidigi Posts: 6,439 Forumite
    Name Dropper First Anniversary First Post
    The soakaway may be pointless if the ground is heavy clay etc. I won't take long to fill and then the water will be coming out the top.

    I'm not sure what you mean by 'storm drains from the garage are 30cm ABOVE the garden height', a picture would help.

    It sounds like you'll need to get water draining to surface water sewers, assuming they're in the new estate. You many need a sump-pump to push water when the soakaway is close to full.

    The drive which meets the garage is 30 CM above the back garden, there is a step up from the garden to the drive.

    The drainage off the garage comes down the front and immediately under the block paves the pipe work does a 90 degree turn and runs under the drive to he surface water manhole out front.
  • visidigi
    visidigi Posts: 6,439 Forumite
    Name Dropper First Anniversary First Post
    Furts wrote: »
    You should not be taking groundwater into surface water drainage because this is likely to be soil contaminated. Land drainage is just that unless a catchment pit is designed in. But then somebody has the responsibility for cleaning and maintaining this.

    So then if this is true I am stuck in a tricky position as I am not sure what they can do - I guess this water would need to go into sewage drains then? If so thats another issue, as they didn't fit the sewage lines to the back of the property which were on the plans we signed on the dotted line to.

    We haven't refused the solution they have put forward, but we have pushed back because we feel its not the right solution to put a soakaway at the bottom of a garden which slopes towards the house.

    Thanks for your feedback so far, very helpful.
  • Furts
    Furts Posts: 4,474 Forumite
    visidigi wrote: »
    So then if this is true I am stuck in a tricky position as I am not sure what they can do - I guess this water would need to go into sewage drains then? If so thats another issue, as they didn't fit the sewage lines to the back of the property which were on the plans we signed on the dotted line to.

    We haven't refused the solution they have put forward, but we have pushed back because we feel its not the right solution to put a soakaway at the bottom of a garden which slopes towards the house.

    Thanks for your feedback so far, very helpful.

    Being pragmatic, you should not put land drainage water straight into a surface water drainage system. This would be because the surface water system is discharging into a watercourse and the land drainage water will contain soil. OK the system could be designed with a geotextile membrane and a catchpit, but all this would have to be explained for your approval, and being pragmatic, the approval of the authorities.

    A different scenario could be to discharge the land drainage water into the pipe bedding that surrounds the surface water drain. But this is not what one expects on a new build.

    But also be pragmatic- do you want to see stone filled trenches in your garden? If not then the land drainage design should be subject to proper design and consultation with you.

    At some stage you should bite the bullet and name the developer and the approx location where the dubious building has occurred.
  • visidigi
    visidigi Posts: 6,439 Forumite
    Name Dropper First Anniversary First Post
    Furts wrote: »
    Being pragmatic, you should not put land drainage water straight into a surface water drainage system. This would be because the surface water system is discharging into a watercourse and the land drainage water will contain soil. OK the system could be designed with a geotextile membrane and a catchpit, but all this would have to be explained for your approval, and being pragmatic, the approval of the authorities.

    A different scenario could be to discharge the land drainage water into the pipe bedding that surrounds the surface water drain. But this is not what one expects on a new build.

    But also be pragmatic- do you want to see stone filled trenches in your garden? If not then the land drainage design should be subject to proper design and consultation with you.

    At some stage you should bite the bullet and name the developer and the approx location where the dubious building has occurred.

    I'll name them and the location when I figure out next steps - but just now i need to see if I fight, and do I fight by myself, legally or through the NHBC, the final one is of course the builders preference.

    The garage guttering connects to the surface pipe which feeds into the balancing pond located out the front of our property. So by that I believe it would be okay to have that drain our garden right?

    I don't mind land drains being fitted to the garden, I just don't want a soakaway anywhere near the house or the garden.
  • missile
    missile Posts: 11,684 Forumite
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    IMHO an NHBC Certificate is there to protect the builder.

    I had a dispute with my builder and NHBC were on his side. I had to employ my own surveyor to argue the case.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • A small soakaway will see you sorted

    Soak-away-crates.jpg
  • Furts
    Furts Posts: 4,474 Forumite
    A small soakaway will see you sorted

    Soak-away-crates.jpg

    Ho ho, but also being pedantic this is really a SUDS Systems!
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