ᐅ Slope not shown on the site plan / who is responsible for securing it?
Created on: 3 Feb 2014 14:13
M
mouseonmarsM
mouseonmars3 Feb 2014 14:13The site plan provided to us by the developer at the time of purchase shows various slopes, but the rear property boundary is drawn completely flat. The slopes have indeed been created as shown on the plan (although partly somewhat higher), but now there is suddenly a slope at the back of the property that is over 11m (36 feet) wide with a height between 1.2m (4 feet) and 2m (6.5 feet).
Our impression is that not enough soil was removed, because the ground now rises toward the rear of our property and then drops off steeply. This was not the case before construction began. However, the soil from the entire building site was stored on our property.
Our question: This slope was not included as such in the plans that are part of the purchase contract, and it is so high and steep that we will definitely need to secure it with stones, or similar measures, to prevent all the soil from washing onto the neighbor’s driveway during heavy rain. Is there any way we can hold the developer responsible for this?
Thank you!
Our impression is that not enough soil was removed, because the ground now rises toward the rear of our property and then drops off steeply. This was not the case before construction began. However, the soil from the entire building site was stored on our property.
Our question: This slope was not included as such in the plans that are part of the purchase contract, and it is so high and steep that we will definitely need to secure it with stones, or similar measures, to prevent all the soil from washing onto the neighbor’s driveway during heavy rain. Is there any way we can hold the developer responsible for this?
Thank you!
In my layman’s opinion, yes. You need to request a correction (in writing with a deadline). What does the developer say about this? Otherwise, it will probably only move forward with the help of a construction law attorney. Apart from the notarized contracts, what other written agreements do you have regarding the exterior design?
Hello mouseonmars,
The building application usually includes the original ground levels of the plot—at least it should. Depending on local regulations and/or stipulations in the development plan, there may be height requirements specifying the level at which construction is allowed, how much fill can be added, and so on.
You should find out about this; the development plan and the site plan submitted with the building application, as well as the building inspection report if one has already taken place, are important here.
Also for your information: if your entire plot has been uniformly raised to a consistent level in compliance with the development plan and building permit (or planning permission), this is generally allowed. What many don’t realize is that locally confined areas of added fill or excavations are legally treated as independent structures and may require separate approval—unless this was already included in the building permit.
In plain terms, this means you not only have to secure these “excess” fill areas (or insufficient excavation, which effectively comes to the same thing) against sliding, but you might also need an addendum to the building permit or even an agreement with your neighbor regarding property encumbrances. However, don’t panic if this applies; you can use the associated extra costs or additional effort as an argument in discussions with your builder to have your plot brought to the desired or planned condition instead.
Before that, you should roughly clarify whether the volumes of fill added or excavation done are actually in significant conflict with the building permit and/or development plan.
If you want, I can explain detailed questions via private message, but for that, I need to know the permit plans.
Regards,
Dirk Grafe
The building application usually includes the original ground levels of the plot—at least it should. Depending on local regulations and/or stipulations in the development plan, there may be height requirements specifying the level at which construction is allowed, how much fill can be added, and so on.
You should find out about this; the development plan and the site plan submitted with the building application, as well as the building inspection report if one has already taken place, are important here.
Also for your information: if your entire plot has been uniformly raised to a consistent level in compliance with the development plan and building permit (or planning permission), this is generally allowed. What many don’t realize is that locally confined areas of added fill or excavations are legally treated as independent structures and may require separate approval—unless this was already included in the building permit.
In plain terms, this means you not only have to secure these “excess” fill areas (or insufficient excavation, which effectively comes to the same thing) against sliding, but you might also need an addendum to the building permit or even an agreement with your neighbor regarding property encumbrances. However, don’t panic if this applies; you can use the associated extra costs or additional effort as an argument in discussions with your builder to have your plot brought to the desired or planned condition instead.
Before that, you should roughly clarify whether the volumes of fill added or excavation done are actually in significant conflict with the building permit and/or development plan.
If you want, I can explain detailed questions via private message, but for that, I need to know the permit plans.
Regards,
Dirk Grafe
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