Browse Forums General Discussion 1 Dec 29, 2010 7:19 pm Could anyone please tell me who is legally responsible when a newly constructed house has been built with no setback allowance for guttering on a build-to-boundary garage wall, as required by building regulations. As a consequence, the guttering is overhanging the neighbour's property. Draughting plans show a 150mm setback allowance was required. Structural engineers were engaged The site was laid out by suryeyers. A private building certifier was used. The property was inspected and passed at: Foundation stage, excavation stage, slab stage, frame stage and final stage. A final Inspection Certificate was issued. The builder says everything was done using professional people, so he can only go off what they have provided him and that a Final Certificate of Occupancy has been given by the Certifier. I'm not sure where I should go from here. Re: build to boundary guttering overhang's neighbours proper 2Dec 29, 2010 8:23 pm Basically you contract is with the builder so its his responsibility to provide a remedy. If its the surveyor who caused the problem its up to the builder to claim the cost of the remedy from the surveyor. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: build to boundary guttering overhang's neighbours proper 4Dec 30, 2010 9:23 pm Modifying the wall and truss to accept an internal gutter (eaves gutter inboard level with the brickwork) should be possible and not too expensive. Your builder should pay for it. Unless that is the plans and drawings actually showed the wall on the boundry and an external eaves gutter in which it would be your responsibility or at least in part. Re: build to boundary guttering overhang's neighbours proper 6Dec 31, 2010 10:19 am I wouldn't get distracted by listening to the burblings and excuses of the builder. Your contract is with the builder, the product he's delivered is obviously and indisputably incorrect and so he needs to fix it. Don't be the one looking for the "culprit" in some chain of trades - no one is going to put their hand up. Do the hard jobs first. The easy jobs will take care of themselves. - Dale Carnegie Re: build to boundary guttering overhang's neighbours proper 7Dec 31, 2010 6:04 pm I hope my neighbour cares as much as you do - they're garage gutter is sitting right on top of ours and we paid for ours to be done correctly with "s" flashing... Sleven Moved into our Atlantique MkII 36 by Carlisle Homes Yes, get a builder, make sure he is experienced and a registered building practitioner 5 7552 In the end, two pieces of treated timber (20mm thick) were bolted onto the joists and planed when there was too much sticking out. Passed inspection. 13 7113 Thanks Ardo, they are sort of semi concealed. I think it is only a few millimetres. I see if they can adjust the hinges. 4 2442 |