Any practical people out there ? Advice required.

[pubrunner]

Hi All,

We moved into our (brand new) house in November 2006. In January 2007, following high winds, our garden fence was blown down and a small part of the wall to which it is attached was damaged. I sent a letter to the builders, asking if this was 'reasonable' and their response was (verbatim) . . .

'The design of the boundary fencing is not "flawed" and is, therefore, fit for purpose. You will appreciate that we have now replaced the fixing bolts and re-aligned the fence following the recent high winds (gusting up to 100 mph)'.

They also re-laid the bricks that had come loose at the time.

Following high winds through the night, not only has the fence come down again, but also some of the wall - the part that was previously 'repaired'. The house builders are basically of the opinion, that this is 'tough luck', 'cos the high winds were an 'act of god'.

My opinion (not shared by the builders ) is that since the house is on the side of a hill, and some 500ft above sea level, high winds are to be expected and that they should have accordingly, built an 'extra-strong' wall & fence. After all, whilst 100 mph winds are not common, should I be expected to have to re-build the wall & fence every 7 or 8 years ?

What I would like to know is . . .

1. What should I do in the first instance ? The house is only 7 years old - will this be covered under NHBC legislation ? - I have card containing NHBC registration number & NHBC Buildmark number.

2. It seems to me that it is likely that if the wall/fence is merely 'fixed', the problem will re-occur at some stage in the future; should that section of fence/wall be replaced with another type of fence - one which might allow the wind to pass through, yet retain privacy ?

3. Oh yes, I assume that because the supporting struts of the fence are on 'my' side, that it means that it is 'our' fence and not our neighbours - is this correct ?

Ta v. much for any advice !

 

[fossyant]

That's not part of the house so I doubt it will be covered as its just a retaining wall.

 

[pubrunner]

That's not part of the house so I doubt it will be covered as its just a retaining wall.

It is a retaining wall and a boundary wall . . . . . . . doesn't that make a difference ?

 

[fossyant]

I would check but speak to NHBC. I can see how its blown out though as there isnt enough support. Concrete fence post at the end sunk deep into the ground would solve it.

 

[vernon]

The best that you can hope for here are opinions.

For useful advice go to the professionals.

 

[helston90]

^ This
I wouldn't have trusted that fence very far at all with two bolts on the post, you'll need to dig down a foot or two and set a longer post in concrete to give it any chance!

 

[Over The Hill]

Hi,
NHBC cover is fairly comprehensive in the first three years (may be four) but then for the remainder drops down to more of a structural guarantee for the remaining time up to 10 years.
I would say this is structural though. What seems to be happening is that the post is only fixed to the top part of the wall and when the wind blows it is just snapping off the top of the wall.

I would go with the argument that -
They were aware of the location when building the wall.
They were made aware of the fault in their construction not being up to the job when it failed last time but they took no steps to rectify the fault - just to put it back as it was.
The same fault has occured again due to the wall not being up to the job.
They now need to not only rectify the problem but to do so in a way that it will not happen again (i.e. sink the post into the ground firmly and not have it reliant upon the top of the wall or increase the thickness of the wall).


They don't sound too bad as they have actually come along and done it before. So worth pushing with them. Probably not worth taking them to court over! NHBC website has details of what to do in the event of a claim and if the builder does not sort out the problem. It is a good threat to say you will go to NHBC as builders have premiums to pay them for the cover.

 

[pubrunner]

I contacted the builder of the house . . . . . . . 'tough luck' . . . 'feck off'.

Just been on to NHBC; basically, 'tough luck' . . . 'feck off'.

I wouldn't have trusted that fence very far at all with two bolts on the post, you'll need to dig down a foot or two and set a longer post in concrete to give it any chance !

I think that is going to be the way to go . . . . . . . what do you reckon it might cost ?

 

[Titanium]

Probably contact your local Citizens Advice Bureau / C.A.B.
Free advice and they have professional people who know the law, and 'stuff' like that. Usually are pretty good I've heard, if they can back you, they will.
Good luck.

 

[pubrunner]

Hi,
NHBC cover is fairly comprehensive in the first three years (may be four) but then for the remainder drops down to more of a structural guarantee for the remaining time up to 10 years.
I would say this is structural though. What seems to be happening is that the post is only fixed to the top part of the wall and when the wind blows it is just snapping off the top of the wall.

I would go with the argument that -
They were aware of the location when building the wall.
They were made aware of the fault in their construction not being up to the job when it failed last time but they took no steps to rectify the fault - just to put it back as it was.
The same fault has occured again due to the wall not being up to the job.
They now need to not only rectify the problem but to do so in a way that it will not happen again (i.e. sink the post into the ground firmly and not have it reliant upon the top of the wall or increase the thickness of the wall).


They don't sound too bad as they have actually come along and done it before. So worth pushing with them. Probably not worth taking them to court over! NHBC website has details of what to do in the event of a claim and if the builder does not sort out the problem. It is a good threat to say you will go to NHBC as builders have premiums to pay them for the cover.

I agree with what you say . . . sadly, the NHBC don't agree . They stated that they were exceptionally high winds last night - and this was what caused the damage, not any structural defect.

 

[MacB]

Whatever the advice it's clear that a repair isn't going to work as the design lacks the necessary strength. If it is correctable via an end post in concrete sunk properly into the ground then that's not a big expense.

Rather more costly would be a full rebuild with concrete posts all the way along, sunk into the ground, bolted to the blockwork retaining wall and also tied into the brickwork each side of the post.

 

[green1]

That wall looks rather suspect for a retaining wall imo.

 

[Radchenister]

My game this, I've designed and tendered a few fencing contracts, in both private and public works, plus administered a few via OJEU / JCT procedures.

PM me if you need specialist advice, there are a number of issues that immediately spring to mind just from those photos but I'm not going to list them here - happy to chat it through over the phone.

 

[Peter Armstrong]

This has been blown out of proportion.... Sorry

 

[Radchenister]

Easy to say when it's not your fence....