Water in Garden issue due to garden backing onto ours.

[Daniel1990]

I am new to this forum and came across the site on a Google search. I would really appreciate some advice if possible.

I recently moved into a new property in July 2017.
We were phase one so when we moved in nothing backed onto us but we knew in the final release we would have back to back gardens which wasn't an issue for us.

They have recently completed the property backing on to ours and whilst the entire site is very flat, these houses have been built at around 3ft higher than ours. All specifications are the same as they are the same house type. The only different being it was built on higher ground.  Even though the site was flat. We found this all very strange are first.

However, recently they laid a new lawn in the house and this required a lot of water in the hot weather to prevent it drying out. Because of this a sprinkler has been used a lot. This has therefore brought to our attention the effects of the slope on the lawn which is around 8m long but starts at the house 3ft higher and finishes at the fence on my property 3ft lower.

Because of this presumable design / building error our garden is constantly flooded with water about two inches deep and the ground is absoutely saturated. This makes the end of my garden unuseable.

The developer is quoting NHBC as the problem isn't withing 3m of the house and it is getting anywhere.

Ultimately we live in a clay area and the ground doesn't absorb very well however given the slope they created it is making this much worse and I feel they should resolve this for me..

I also have access to the plans submited with local council. Do you know if I might find something in there to suggest a building error on the height of these properties that might make them take my issue seriously?

Thank you in advance for your help

Daniel

[New Home Expert]

Who is the housebuilder?

Whilst it is true, the NHBC warranty standards regarding garden waterlogging only apply within 3 metres of your house, you have a right not to be flooded by a neighbouring property.

I suggest you get a solicitor to advise you on the best way to proceed.

I have no idea why on a flat site, floor levels would be so markedly different.
This could well be a planning violation.