En-suite toilet not connected to sewer - who's responsible

GAACL

Hi,
I purchased my apartment (affordable unit) in March 2008. I did not use the ensuite for its intended purpose, but used it as a storage room because i'm married with 2 children and space/storage was very limited.
We moved out of the apt in Dec 2011 and new tenants moved into the apt late March 2012. they noticed the toilet in ensuite wasnt flushing properly so we got a professional drainage company to fix the problem. they concurred that the toilet actually wasnt connect to the sewer from the outer foundation to the man hole.
So now i have a problem, because it can cost anything from €1600 to get pipe laid etc and no one wants to claim responsiblity for this.
the managment company said its the builders problem, the builders say its the Councils problem, the council say its the builders problem back and forth back and forth. Homebond doesnt cover it. The block insurance that the management company have doesnt cover it.
I'm being passed from billy to jack and it looks like i'm going to have to pay for something that isnt my fault!! :mad:

L1011

I would consider it to be the builders problem

Why are you even in the equation if you've given up the unit?

finty

definitely builders problem.

Marcusm

The builders haven't built to spec clearly. Nothing to do with the management company except that you'll need their permission to retrofit the pipe. Not an insurance issue ad certainy not HomeBond (not structural). Is the builder still in business? Your contact may have included a sunset clause, ie you may have ad to claim within a specific time limit.

GAACL

MYOB wrote: »

I would consider it to be the builders problem

Why are you even in the equation if you've given up the unit?

because i'm the owner and the new tenants have leased the apt off me.

L1011

GAACL wrote: »

because i'm the owner and the new tenants have leased the apt off me.

I didn't think you could let out affordable housing?

Victor

You need to check your title documents and your sale agreement. Talking to a / your solicitor might be useful.

You might be stuck with it as the builder / developer could claim it was a patent defect and you should have reported it within 1-2 years, compared to 6-12 years for a latent defect.

If this is the case, your only way of getting the work done (without paying) would be to embarrass them into doing it.

engineermike

Hi,
You do have an issue to recover from the builder if the waste water for the bathroom is in breach of TGD Part H ( 2009 build regs. Technical Guidance Doc. - Part H - Waste water and drainage).

However this may be a more costly approach in you will be required to engage an engineer for a report on the issue, and a solicitor to approach the builder for recovery ( if the builder is still trading ).

The cost for connection to the 'black water' drainage system should be put to a number of builders - as its likely the case that you can save by getting a number of quotes.
I'm not aware of the site specific's - however Its something I do come across on new build - where the lads on site have connected off to the incorrect pipe / or pipe stub, and when concreted in, an out of site out of mind attitude is adopted.
If that is the case it is likely that a stub / wavin connection is in the approx area - beneath the path and will be exposed when taking up the concrete around the current drainage outlet. That is not more than a days work for 2 lads + some basic material, €1600 seems excessive, however I'm not party to the full detail or the amount of path / concrete to be disturbed.

It is one of those bite the bullet situations as your professional fee's would be at least 1600 + if you try to recover, and you've still no gurantee of payment from the 'builder'
Mike f

GAACL

MYOB wrote: »

I didn't think you could let out affordable housing?

I got permission from the council to let the apartment out on a temporary basis, I'm doing everything by the book.

cookie1977

Victor wrote: »

You might be stuck with it as the builder / developer could claim it was a patent defect and you should have reported it within 1-2 years, compared to 6-12 years for a latent defect.

That's if the builder still exists

The_Conductor

To be honest with you- while the builder is at fault- ultimately it may be the case that if you want this rectified you may have to get it done yourself. 1,600 for the job does seem excessive- you will find tradesmen more than willing to rectify the issue for significantly less than this.

One thing- if you've only discovered this fault by accident- what else might there be off spec with the unit? It could be money well spent having an indept survey done- if they've taking shortcuts with the plumbing- getting the wiring checked would be next on my 'to-do' list.