Completion due with Persimmon need advice

[Jo79]

Hi

Ive just discovered this site, really need some advice, ive already exchanged contracts on a Persimmon home & put down a deposit, however im due to complete in the next few weeks but am not happy with the state of the garden, it has a huge slope and no retaining wall ive sent several letters back and fore solicitors but the wall keeps getting refused I was initially told the rear garden would have a slight slope but they would take all steps to avoid this.

They've basically just dumped a fence part way up the slope as a solution, meaning ive also lost land im in Wales and when the bad weather hits I have visions of the garden disappearing all together! The builders and site manager agree with me that its not right but they cant do anything as the purseholder is refusing to budge.

I will be speaking to my solicitor tomorrow for advice, however ive told Persimmon I want to pull out as ill never be able to sell the property a family would not risk putting their children in it, Pers response has been they will force me to complete! Can they do this?

Help - Im getting v.stressed over this & I dont know where to turn for help.
Jo

[Tony]

Hi Jo,

The fact that the site manager agrees with you is good, assumming he is being honest and not just agreeing with you for an easy life.

You solicitor should advise you to get a professional opinion to determine whether Persimmon are in breach of contract giving you grounds to delay completion.

I hope this helps,

Let us know how you get on

Kind regards,

Tony

[willyj]

Your best bet is to keep on emphasising the safety aspect of it. The Garden is not covered by Building Regulations but if there is a genuine safety concern your solicitor might find other legislation that will apply.

[Jo79]

Thanks for the replies.

I spoke to my solicitor, she was positive & advised me to go ahead with the letter id drafted, im sending this to the purse-string holders basically stating im not being unreasonable, I want the house, however the garden is unusable, therefore unless they resolve the issue ill pull out. My solicitor also stated they cannot force me to complete so thats a relief!

I visited the plot again today I couldnt believe it, where the garden had fallen away under the fence (ive taken lots of photos) they've packed the earth up and pushed some wood at the back to hold it in! They've obviously done this to hide the reality ready for the inspection friday - im just so shocked and amazed.
Ill keep the post updated!
Jo

[Tony]

Hi jo,

Good news, I take it you didn't use the solicitor recommended by the developer - good move.

You can upload photos to the forum and to the gallery.

Thanks for the update

Tony

[willyj]

I have done a bit more research and have found that Capt 9.2 of the NHBC Standards applies. I quote from Section D4 (The D stands for 'design'):-
Unless the stability of new or existing slopes has been determined by an Engineer in accordance with Technical Requirements R5 the following maximum gradients apply:
unsupported granular soil should be 5 degrees less than its natural angle of repose
unsupported cohesive soil should not exceed 9 degrees (1:6)

From your point of view this deals with the stability of the ground and not necessarily the useability of the garden but try hitting them with that quote and I suspect you will hear a sharp intake of breath.

[Jo79]

Thought id give a final update, after several letters cc ing a few high up peeps I finally got a result.

I had a meeting with the site manager the area manager & the construction manager, a bit overwhelming however they agreed to flatten the garden, they've since put in wooden posts & raised the level plus put in a new fence for me, which im pleased with.

Just thought id give a positve view too, if you stick with it you can get a result, however im still waiting on the minor snags tio be sorted!