Developer/Council ques?

TempestSabre

When a developer leaves an estate, and the council takes over. Who is responsible if theres a problem with something the developer has done. Is it the council or the developer? Also if the damage is within the boundary of a private house but caused by something done by the above developer outside the boundary. For example the developer digs a hole for services a drain etc and it undermines a couple of garages just over the hedge from it? Its been suggested to me its down to whom ever owns the garage, since the damage is within their boundary. Or is this something that would require a civil engineers survey to prove etc?

Johnniep

Your post is a little vague, but in a nutshell, if the developer did work outside your land which caused damage to your property, then they are liable! If you can be more specific, I can try and help more.

TempestSabre

Its deliberately vague. The problem is the damage has happened over a few years and obviously the developer is long gone. Though still around somewhere. Theres a few properties effected. I was thinking because it effects more than one garage, and each garage was built by different people the only common factor is this hole for services or drain etc. That would be strong evidence to support the view that the developers drain caused the damage. Whats come to light is that the council has sent a few people letters, about these garages needing to be rebuilt, and indicating it expects the garage owners to foot the bill. Which is likely to run into thousands of euro for each owner.

Johnniep

What kind of damage are we talking about??

TempestSabre

Subsidence leading to walls cracking and some starting to lean. Its expected they'll need to be partially rebuilt, reinforced, and possible new foundations. The drain was dug well below the foundation of the garages, then left for months, perhaps even a year before they filled it in and surfaced a lane way on top. At the time complaints were made , saying that it would undermine the garages and eventually over the years this is now whats happened.

Johnniep

TempestSabre wrote:

At the time complaints were made , saying that it would undermine the garages and eventually over the years this is now whats happened.

Hmmm.....sounds like you should have a very good case! Do you have copies of the complaints? And possibly any photos of the exposed trench. Would be very helpful in any claim you bring against the developer.

Also, before you make any claim, seek the advice of a civil/structural engineer and get them to compile a report for you.

TempestSabre

Probably have a copy of the complaints. We've one very poor photo, which isn't that informative.

elqu

Basically, if you can show that the work the builder did caused the damage, through a survey carreid out by a qualified engineer, you should have a case. You should also ascertain if your house is affected as a new house should have a home bond guarantee which I think covers major structural damage (such as subsistence) for about 10 years. Your developer also contracted to build and completely finish your property in a good substantial and workmanlike manner, fit for habitation and use so you would have remedy there. They would also give an indemnity regarding maintenance and upkeep of the estate pending the local authority taking it over which creates an added responsibility within the estate on their part...so back to your purchasing solicitor with you! Better still if all those affected can agree to go to the same solicitor. The main probelm you might run into is that the builder's company might not exist anymore. However, you seem to think it does. but TIME IS OF THE ESSENCE so go get legal advice NOW. Can't recall the time limits, might be 3 years from date of knowledge of damage suffered? Might be 6. That's enough freebie advice good luck!

TempestSabre

Houses are over 20yrs old, besides each garage was built by a different person, so the home bond hardly applies as it not a defect of the garages. The Developer who put in the drain is still in developing. I really was more interested does the council have any obligations or is it all down to the original developer.

elqu

Hmm, council takes over responsibility for upkeep and maintenance of services in an estate, ie roads, drains etc. Don't see how they could be liable for damage caused when they were put in. That would be a hard case to make out. Development was on land next door or something was it? Your case is against the developer, no question. Don't really understand why you think the Council would have a liability - nor do I understand the interest they have in your garages? Are they subsiding into the drains or something? Are they a public hazard? Anyway, its a hazard giving advice of this nature without all the facts - too easy for misunderstandings to arise. You really need to go to a solicitor with the full story and whatever information you have.

TempestSabre

Because the council contacted the residents, suggesting they look at getting a building survey done of the garages. I was wondering why would they do that unless they think theres a risk they are liable for something. If the garages were rebuilt would the problem not reoccur if a subsidence problem remains with the drain, which now is the councils responsibility.

Its only a idle discussion, to get some view points, They are hardly going to run out and sue the council based on this thread.

elqu

That be daft alright

Seeing as they are just drawing attention to the problem! Never heard of a potential defendant doing that one!!

TempestSabre

It would be unlike the council to give free advice just to be nice. I suspect some other intent. The gist of it was "we've looked at it and theres no problem, but if you think theres a problem, you should get it sorted".