How to get a developer to finish an estate ?

[redstar]

Can anyone advise the best approach to getting a developer to finish an estate ?

After 7 years, our estate still needs a final covering on the roads and is full of potholes at the entrance. The green areas also need maintenance, for which the residents have to raise money to hire a landscaper to cut the grass. The builder has repeatedly fobbed-off the residents with excuses, such as "i've no money".

This hasn't stopped him seeking planning permission for other developments in the area, though.

The residents have repeatedly complained to the Council (Meath) about the builder not sticking to the Planning Permission conditions. The council also appears to be 'broke' and reluctant to pursue the builder. Yet the Council will not take the estate in charge until the builder completes outstanding work. Catch22 !!

 

[baby_tooth]

couple of ways.

first you will need to organise the residents.

surely someone living there has a solicitor either as a friend, a relation or knows one who might do something on the cheap for you.

protest at any site that he has launching....he won't be long sorting things out if he's trying to launch an estate with protestors out side, this is probably the best way.

publicly shame him, stick up signs, organise protests outside his house...etc..

basically get pro active

 

[delgirl]

Sounds defeatist, but there's not a whole lot you can do if the council do not force the developer to finish the estate.

Here's an ongoing problem very near to where we live. The place is an eyesore and has been for the past 7 years. If you read the article, the developer was given until mid November 2005 to finish the estate. It's now December 2006 and the estate is in exactly the same condition it was over a year ago! He has done absolutely nothing and the council, for all their huffing and puffing, have also done absolutely nothing.

The councils don't care. They continue to give the same developers planning permission to commence new developments in other areas when they have not completed previous developments.

 

[Eurofan]

protest at any site that he has launching....he won't be long sorting things out if he's trying to launch an estate with protestors out side, this is probably the best way.

This sounds like it's worth a try. There's a definate slowdown in the market so anything that might turn potential buyers away from his new developments is likely to light a fire under him

 

[gramlab]

Voodoo doll and some needles!

Protest thing can work alright.

Had same issue a few years ago. First builder went bust, second builder was OK but didn't want to fix any of the firts guys screw ups (luckily mine was built by the second guy - not great but better than the first).
Was talking to the foreman one day when a lady stormed up and said one of her windows fell out(as well as other ongoing problems). Said she would stand outside the estate entrance with signs for a long as it would take to get something done. Met her a week later and she said they were up the following day to sort the problems.

She was one scaaaary woman though!

 

[sabrina]

Is this estate in Gormanston by any chance?

 

[Eurofan]

She was one scaaaary woman though!

Shame it has to get this far. I actually know a girl who has a series of incredibly bad problems with her new home and her dealings with the builder amounted to him continually fobbing her off for almost a year.

Her father (who was in his 70's and not known for his patience) lost it one evening, drove to the builders house, and essentially told him that he'd had a good life and was he quite prepared to finish the rest of his years doing time for murder unless his daughters house was sorted out! Apparently the language used was very colourful throughout.

While i'm not recommending going to such resorts suffice it to say all problems were sorted out for her in the following week. Gardai were involved (and rightly so) regarding the threats but nothing ever came of it, i guess the builder took him at his word though. Amazingly both houses either side of her had similar problems. Three years later neither has had any satisfaction.

 

[REXO]

Hi redstar,
After years of being in the same position as yourself, the council seem to have finally got off their backsides to serve the builder with an enforcement notice to lay the final layer of tar on the estate road. the legislation has always exisited to do this but the work ethic in councils leaves alot to be desired.

All it took was 4 letters spelling out what they always knew they should have done. One sent to county manager, town engineer in athlone, dick roche TD, bord pleanala complaints board, office of ombudsman complaints board. All i did was quote what the planning legislation says the council should be doing.
All of a sudden the wheel is starting to turn in our favour. some people obviously got embarassed to be shown up! should have the final layer of tar by the end of january.

Dont waste your time chasing the builder, let the council do that. chase the organ grinder not the shovel wielding monkeys. Builders cant read letters with words like planning legislation or planning and development act 2000.

See also thread on this site called unfinished roadworks in housing estate in athlone

RExo

 

[Iano]

Hi redstar,
All it took was 4 letters spelling out what they always knew they should have done. One sent to county manager, town engineer in athlone, dick roche TD, bord pleanala complaints board, office of ombudsman complaints board. All i did was quote what the planning legislation says the council should be doing.

Dont waste your time chasing the builder, RExo

I agree with Rexo. I live in an estate with a similar problem, this time it is with the open areas of grass. The Council hasn't taken them in charge in the seven years the place has been built. The developer actually lived in the estate for a few years but was a lazy git. We pursued him for many faults but he would never address them. Letters were written to the Council by the Residents Association but to no avail.

We now have a local TD on the case and slow progress is being made. Two other points:
- the developer/builder is likely to have been required to lodge a financial bond with the Council before he built the estate. This is to cover situations like this (unfinished work etc) - so ask the Council what have they done with his money! They should still have it and it can be used to surface your roads.
- I heard recently that Councils were going to look very unfavourably at planning applications from developers who left previous estates unfinished. Perhaps keep an eye out for his next application and object to it on those grounds

 

[nutty nut]

The Councils/Planning Authorities always fail miserably when it comes to enforcement. The usual thing to do in these situations is to press the Council and if they drag their feet then take it to the ombudsman. Had the developer to pay a bond as part of the planning permission? If so that route could be pursued also with the council.

There is nothing preventing the residents taking a civil action for breach of contract - were completion certificates ever issued when the houses were purchased? If so who issued them and what part did your solicitor play in the purchase of the house.

Things to do about this problem are as stated in other posts but also try contacting some of the newspapers in the County to see if they will highlight the issue or at least inform the developer that you intend to do this. Lobby the local politicians - I think Rexo summed up the options earlier.

One little bit of good news (maybe) is that planning legislation has been amended to take into account issues such as unfinished estates. The developer can now be refused permission for any proposed developments based on his past performance. Prior to this a planning application related to the land/site only and not the applicant. Again the Council are legally obliged to enforce the new amendments but will they.

Bottom line in all of this (in my opinion) is that the developer has to be pursued either by the Planning Authority or by the residents of the estate.