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newbie1975  
#1 Posted : 05 July 2018 10:27:07(UTC)
Rank: New forum user
newbie1975

Hi There,

We brought a new build property and I have had some repair work carried out under warranty from the home builder company 

However, they have left the back garden with numerous holes (some as big as 12 cm diameter and more than 30cm deep )

I have had on going aruguements with the company trying to get them to fix the on going issue, typically their customer service has been terrible and now I have no waited for nearly 2 weeks to get them to fill the holes 

The builder got a Sub contractor to carry out the work but at no stage were we notified that the garden would be left in a mess and my toddler's leg fell down one of these holes and crashed into the floor last week.

Whilst I am still in dicussions with them and considering my next next course of action to try and get this on going issue finally resolved.  Do I potentially have a case to report them to the HSE for leaving my garden in such disrepair that my toddler's leg fell down one of the holes?  Surely this is a Health and Safety Issue ?

Kind Regards

Newbie 

Hsquared14  
#2 Posted : 05 July 2018 10:43:42(UTC)
Rank: Super forum user
Hsquared14

If it is a new build property then you should go to the National House Building Council who underwrite the warranty in the first instance.  By all means contact HSE but they may not be able to help

newbie1975  
#3 Posted : 05 July 2018 10:51:05(UTC)
Rank: New forum user
newbie1975

Thanks for coming back so quickly....

I am considering going to the NHBC in relation to getting the underlying issue solved once and for all ...but the reason why I was considering the HSE was to enquire if any H & S rules/laws have been breached as my toddler fell down one of the holes.  Lucky my toddler didnt seriously hurt himself but potentially, he could have broke his leg if he fell awkwardly?

Originally Posted by: Hsquared14 Go to Quoted Post

If it is a new build property then you should go to the National House Building Council who underwrite the warranty in the first instance.  By all means contact HSE but they may not be able to help

Woolf13  
#4 Posted : 05 July 2018 11:43:15(UTC)
Rank: Forum user
Woolf13

The Health and Safety at Work etc. Act 1974 places a duty on all employers and the self-employed to take reasonably practicable steps to ensure the health and safety of people who are not in their employment, such as members of the public.

The Construction (Design and Management) Regulations 2015 also place duties on Contractors, this includes measures to protect the public where necessary.

There is also a specific duty on contractors not to begin work on a construction site unless there are measures to prevent unauthorised access to site. The fact it is in your new property does not matter as the area of work fro the maintenance/repair work woud be deemed the construction site.

The openings in the ground could have and should have been easily controlled by covering them over until works were completed and by having a simple conversation with yourself to ensure nobody accessed this area whilst works were completed.

Fortunately your child was not seriously injured. Unfortunately due to your child not sustaining an injury it is unlikely the HSE will get involved. My advice would be to contact the company directly and explain what happened. They should be understaning of your concerns. If not then as previously stated by others go through the appropriate complaints procedure.

Best of luck and I am glad your child is okay.

paul.skyrme  
#5 Posted : 05 July 2018 18:02:36(UTC)
Rank: Super forum user
paul.skyrme

I spoke to a senior person in HSE a few months ago about a new build, but a more dangerous issue than this, a serious and major breach of statute law and I was told that it is outside their remit unfortunately. I hope that you have better luck.
James Robinson  
#6 Posted : 06 July 2018 12:06:54(UTC)
Rank: Forum user
James Robinson

Your very unlikely to get a response from the HSE - they are under resourced and have a very big workload.

BUT - I like to think laterally on such matters as yours. Continue to persue the NHBC side. Your "new build property" covers a certain floor area - gardens, drive, ground floor, first floor, etc. At the moment xx% is not available (the area of the garden affected), due to safety concerns. I think it is reasonable for you to recharge after a sufficient time xx% of your mortgage.

In other words... Dear Housebuilder, As you know I have notified you of the state of the garden and now consider you have had sufficient time to respond. As of (insert date) I will investigate the options available to me for reclaiming £XXX.XX as a percentage of my mortgage based on the property footprint unavailble for our use due to it being unsafe...........

Should get some type of response.... and quote the size of the "bill" escalting each time you correspond.

boblewis  
#7 Posted : 07 July 2018 09:03:51(UTC)
Rank: Super forum user
boblewis

I would go back to your conveyancing solicitor and get them to do a letter as this may constitute a breach of the contract of sale.

newbie1975  
#8 Posted : 09 July 2018 13:07:59(UTC)
Rank: New forum user
newbie1975

Thank you all for your help.  really appreciate it 
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