New built houses and our garden drainage

[madmaz50]

3 new houses in a line with 2 metre deep foundations have just been built next to our house (9 metres from our garden wall). Our garden and next doors now become flooded with standing water when it rains heavily. The gardens have never done this before. The builder say it is nothing to do with them as they didn't come across any drains between our house and their new build houses. To me they have built a solid underground mass of concrete foundations, 2 metres deep and 40 metres long and this is causing the problem by the rain water not being able to soak away as it hits their concrete foundation mass and 'backs' up to our gardens.
What do you think and have you any advice re legal recourse.

[boxtops]

I am no builder but we found similar when next door built a large concrete-based garage. This should have been considered when the plans were approved - nothing to do with actual drains, more with the way the land lies. Check with your local planning office?

[buildersmate]

It isn't the planners that deal with this, but Building Control.

BC approves the design of foundations (amongst other things), including their depth. I assume you are on clay soil? - because it is unusual to have to sink foundations to 2m depth.

You are probably correct in your analysis and the builders are demonstrated ignorance by their comment about drains - this sounds like nothing to do with man-made drains, but with natural permeation of water through the soil.

Tell us, please - 1) is the natural slope from you downwards towards the new houses?
2) by how much approx over the 9m distance?
3) can we assume that the new houses have got standing water in their gardens too?

[cassa333]

So what you are saying is that water from your land drains naturaly onto the neighbouring land and now it doesn't.

If they natural flow of gound water has been blocked then the builder could be responsible for soakaways and drainage.

Not having drains or obvious soakaways in place is not a contra- indication of drainage 'rights' because if it is a natural soak then nothing may be visible anyway.

Go back to the builder with as much evidence as you can muster as to the natural soakage but also bare in mind the above average rainfall of the past few months. It may be that it does still naturally soak away but the high rsainfall ect of the last few months has been so exceptional that further review and evidence is needed.

[boxtops]

Thanks BM and cassa for setting me right too (i told you I am no builder) :-)

[madmaz50]

Many thanks everyone.
I have contacted our district council BC and they didn't want to know, all they said was take it up with the builders or your house insurers.
I contacted Severn Trent Water and they said the same as BC.
Buildersmate -
The new houses are on the same level as our garden.
The new house foundations are 9 metres from our garden wall.
The new houses garden areas did have standing water last week when it rained a lot, but not as much as ours.
Cassa333
What sort of evidence would you be suggesting to present to the builder ?
All we can really say is that it has never happened before the new houses were built. How do you prove it !!
As you say it may be the amount of rain we have had over the past month or so, but I am convinced that the new foundations are a massive contributory factor.

Again, many thanks for your replies

[carolegif]

Go to your insurance company and let them sort it out. They will not want to pay for extra drainage to your property so will chase the builders for it.

[Frank97]

I know how you feel madmaz, I had a similar problem some years ago after a new build next door. We had about ten inches of water at the bottom of our garden for nearly two years. The builder re-piped the ditch, the council re-tarred the road and the water board admitted it was fresh drinking water but there was no leak, not sure how that works. Anyway, I came home one day and it was gone, never to return :-). Never did find the exact cause though.
I hope you get your problem sorted a lot quicker than I did.