Wet garden in Affordable home. Who is responsible?

[ASH83]

Hi All.

Just looking for Some advice I bought a home 5 years ago this September coming through South Dublin County Co. under the affordable housing. There is a huge problem within all the houses with dranage in the back gardens, they are like swamps. I tried to address this but after being bounced from piller to post I just didnt use the garden. I now have a 2 year old child and it is essential I sort this problem. Now a few people have said that I need to get onto the county co. as they sold the house in that condition and need to sort it some say builders, something to do with a 5 year homebond cover every home has that I should have?? Also they did fix a ladys garden about 10 doors down from me so my mother feels that is admiting liability on leaving the gardens in the state they are in. People have had to just concreat there gardens to use them which is something I didnt want to do!

Would anyone know anything about this kind of situation and if I have a leg to stand on to get it fixed??

Thank you in advance

 

[onq]

Re: Who may be resposable for my garden Builders or County Co.

Part C of the builing regulations deals with site preparation and resistance to moisture.

http://www.environ.ie/en/Publications/DevelopmentandHousing/BuildingStandards/FileDownLoad,1642,en.pdf

This relates specifically as to how a building is protected, and not the site per se, but it follows that a waterlogged site is not likely to be keeping groundwater well away from the foundations.

This is likely to be an increasing problem as time goes on if it is not dealt with now, due to the rainfall patterns we've been getting.
Worse, the severity of the winter this past few months could cause frost heave problems with the foundations in saturated soils.
Finally there is the issue of amenity of the house under the Planning and Development Acts and attendant legislation and the Devleopment Plan itself.

Because this is affordable housing, I understand that whatever about reducing the cost to suitable applicants, the house is still privately owned.
If this is the case, your best course of action is a referral to the Building Control Officer who IIRC can take action within five yesrs of the completion of the house - you may be within this time limit.
Failing this, there may be an avenue under the Planning and Development legislation under planning enforcement. The rear garden is supposed to be provate open space for the family to enjoy, not a swamp.

You may well need the advice of an architect, and engineer and a solicitor before all is done, but don't delay contacting Building Control if you're close that five year limit, assuming you bought new - if you didn't you may be out of luck.
In relation to the planning legislation the PDA 2000 allows up to seven years before something enjoys freedom from enforcement action.
Failing both of these, there may be a comeback against the person who inspected or signed off on the building, but the statute of limitations is six years, so again, you need to get your skates on.
Remedying this may involve heavy work - laying pipes and french drains under the garden etc., so be prepared for some disruption.

Ask your engineer to review the number and quality of buttresse to the perimeter walling and the footings also - my experience suggests that badly drained land may have poorly founded and supported walls.

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.