Development behind shaking my place

[ozzypatrol]

There is a mob developing a new area behind my house. Think the development is for around 20 houses. For the last 2 months they have been digging, rock breaking and now compacting and shaking my house to buggery, to the point where you actually get the vibrations laying in bed. We have had a lot of cracks in cornices pop up since they have started work. Some days you could relate the vibrations to driving on a heavily corrugated track. Still trying to get in touch with the developer.

What are my rights?
I have had a chat to the council and they say the developer should have done a pre-work inspection.
What do I need to do to make sure these pricks pay for the damage to my house?

Cheers,

BJ

[Lolly]

Poor bugger. It was bad enough with just one house being built in our street . I suggest start by taking lots and lots of close up photos of every part of the house. They will be needed as this is going to be a long protracted debacle.

[ozzypatrol]

yeh been noting dates when the vibrations have been really bad

[mewnz]

First thought is slap a camera on a table or something to film while it's happening, if possible?

[emrys74]

document everything
you can also contact the EPA
even if they have approval they must not interfere with your quality of life
you should contact the environmental officer at the council and ask for a them to install a noise measuring device they have to if you ask even construction works in a residential area must comply to the limits laid out by the EPA.
also document all cracks and similar damage to your building also use a ruler in the pic's for referencing the cracks then you can also tell if they are getting bigger.
the developer will most likely tell you to piss off as they aren't interested in you as far as they are concerned your not an issue as they have approval for the development but you must approach them and put in writing your concerns. It will ad weight if you can also have neighbours also contact the council 3 or more and the council needs to do little investigation but will most likely take it more serious.

[shmoo]

what do you mean "still trying to contact the developer"?

have you called them? have you sent a letter advising them of the problem and requesting they come check it out?

[ozzypatrol]

been trying to call them, have finally got a response, didn't have any info available on the developer other then info i got through the sales office.

They sound like they will do the right thing, cheers for the advice Emry's,

[=Stevo=]

Looking through some of our compensation and maintenance records - if you document it all and keep in constant contact with them you will be able to get compensation for damage. Someone will probably come through and check out the current condition and an estimator will come back out near the end of the works and check the final damage. The compacting with vibratory rollers is normally what does the biggest damage - most claims end up being paid out around 3-10k, but I've seen some as high as 40k in residential areas.

[Deej]

Did the developer have a delapidation report done on your (and surrounding) house before they started?

[scarecrow]

most claims end up being paid out around 3-10k, but I've seen some as high as 40k in residential areas.

that seems like SFA for damages to the structural integrity of an entire house!!!

Good luck ozzy, hope it turns out positively for you!!

[=Stevo=]

that seems like SFA for damages to the structural integrity of an entire house!!!

Good luck ozzy, hope it turns out positively for you!!

cracks in cornices, plaster and paint are not exactly threatening to the structural integrity and seviceability of the house. It is mainly an aesthetic issue.

Because soil mechnices, vibration and ground conditions can be weird - often houses that are outside of the immediate construction zone get damaged too (in weird little areas where forces are focussed or the ground was rubbish to begin with) and that is where you end up with big 30k payouts for 3k worth of plastering, because the company doesn't want to deal with arguing over what was/wasn't damaged and just pays you a nice lump sum if you sign a sheet of paper saying no further damage was caused.

[speed3]

As others have said keep a track ofeverything. Also they will have specified work hours, often they start earlier than they are actually allowed too.

[ozzypatrol]

Did the developer have a delapidation report done on your (and surrounding) house before they started?

nah mate nothing at all,

another question so I don't get the run around - who is at fault for the damage and who do I chase up? the developer is palming me off to the earthworks folks??? I would have thought it would be for the developer to sort out

[timmay]

I would hold the developer responsible, and he can chase up money from the earthworker afterwards himself. In my opinion anyway.
The earthworker is contacted to the developer. So it's the developers responsibility.

[speed3]

Earthworks are contracted to the developer. Same as if I have a subby fuck up, it's my problem to make them fix it. Cover all your bases though and send it to both, sometimes they write exclusions in their contracts to say they won't cover this sort of thing and they'll argue amongst themselves who is liable.

[ozzypatrol]

ok thanks for the heads up