Unsafe structure what do I do?

[Lady Jane]

Hi All,

I am currently in dispute with the council regarding an unsafe structure. I live in a council property and my neighbour is also council. The boundary fence between the two properties is dangerous. My neighbour has built a kind of a car port on the side of his house which rests on the top of the fence.

This was already built when I moved in over 10 years ago so I assumed he had permission and I kept quiet. Despite the height being approx 12ft. He has now built a similar structure to the rear, adding to the top of the fence and using it as a wall for his make shift shed.

Over time the weight has caused the fence to start collapsing towards my property. I informed the neighbour that it was collapsing and he didn't do anything so I reported it to the council as a health and safety concern in 2020 and followed the report up with an email and they failed to do anything.

Fast forward to this year. We had a bad storm in Feb. The fence collapsed. The concrete post snapped. The next morning while I was sleeping the neighbour came into my garden and bodged it back up using what looks like a scaffolding pipe. So I currently have a metal pipe holding up a 6ft fence and the car ports weight on top of it.

Been requesting a visit from the housing manager since June. Finally got their attention by threatening legal action. Now they are stating they have sent him a letter asking him to remove it. Still not had a visit.

It is the councils job to deal with their tenant. But my issue is with the council. Can someone advise if I am within my rights to request what I have requested.

I have requested a visit from the housing manager and someone from building regulations to do a proper inspection of the structure. They won't do it.

The council have admitted the structure is unsafe. I have asked for something to be put in place to help secure it while they are taking action. It is over the path at the side of my house that I need to access. If it collapsed I'd be dead, never mind damages. They have refused because they didn't give planning permission for it and said to take action against my neighbour if it kills me or my kids basically.

They claim they are not liable because they didn't give planning permission. The structure was built before I moved in. Over ten years ago. So for over a decade they have failed to register an unsafe structure despite annual tenancy checks, a safety inspection on my home before I signed for it and despite me reporting it as a health and safety concern in 2020.

Ive requested a copy of the inspection that was done before I moved in and a copy of the inspection that was apparently done by the surveyor on the neighbours property, which I dont believe they have done because noone has been to inspect it from my side.

I'm worried they have told him to remove it but the fence is also acting as a retaining wall on my side as my property is approx 2 to 3 feet lower than his. He told me a while back that he put the fence up himself when the old lady use to live here and he has buried the posts about 3ft down on my side so you can imagine the mess it will make to my garden getting the posts out to replace.

Is this negligence on the councils part? Can they use enforcement if its been built over ten years? Can they make him repair it to a safe standard. Am I handling this wrong?

I'm happy they have acted by sending him a letter to remove it but furious they are not willing to make it safe in the meantime and are denying any liability.

Thanks in advance for any advice.

[echat11]

Hi Lady Jane

Unfortunately Council's always pass the 'buck'.

At this point it's irrelevant as to where the blame 'lays', as you've pointed out, there is a H & S issue, the Council has the power to act before someone gets hurt or worse.

https://england.shelter.org.uk/housi...ed_homes_hhsrs

Have you contacted any of the local Councillors in your location? They can help with issues such as this, some Councillors are members of H & S Committees.

https://www.gov.uk/find-your-local-councillors

Also if the Council still don't act, tell them you want to lodge a Complaint with the LGO so want a Final Response / Deadlock Letter.

https://www.lgo.org.uk/

Remember If you phone them, back that phone call up with an email. So you have a paper trail.

[Lady Jane]

Thank you for the response.

I copied the local MP into my last email responses. Only after I did that did they reply to say they have taken action and sent the neighbour a letter.

There email response still stated acknowledgement that the structure could collapse, but said I would have to take action against the neighbour. Refusing to put something in place to secure it or make it safe. Considering 'taking action' could take weeks or even months and winter is coming. I see this as negligent as they could prevent harm if it were to occur.

I also communicate via email so I have written proof of what has been said/requested.

I will email them again today, again asking for it to me made safe. If they refuse again I believe I have to make an official complaint before I can log a complaint with the LGO.

[echat11]

Also contact the Councillors responsible for your area. Email them, attach pictures. Tell them there is a Health & Safety issue.

Tell them the Council 'can't pass the buck', because they've been told 'they will be held responsible' regardless of what they think their responsibilities are..

[des8]

Which local council is this?

Section 77 of the Building Act 1984. (the 1984 Act) empowers local authorities (District Councils) to deal with a building or structure which is in a dangerous condition.

So I would be contacting the Building Control Dept of the local council (copying in their CEO and your local councillor) and refer them to their responsibilities

Here is how Stratford deal with the matter:https://www.stratford.gov.uk/doc/174...%20policy.pdf/

Basically Building control surveyors should visit and advise on the course of action to remove the danger . The property owner should be instructed to arrange for the structure to be removed or repaired within an agreed timescale. In the case of immediate danger, building control surveyors may employ an emergency contractor to carry out the necessary works, usually on the same day, and then recover the costs from the property occupier.

[Lady Jane]

Thank you again for the responses.

The local MP is copied into the emails between myself and the Council (which is Leeds)

I have yet again asked for a visit from the housing manager. For an inspection to be done and preventative measures to be put in place. Also for a copy of the inspections carried out by the surveyor who has supposedly visited and the inspection carried out before I moved in.

I agree with your document Des8 about building control where is states they should act despite who owns it. The council own their house and mine so should have no issue there

They say they have sent a letter asking the neighbour to remove the structure by the middle of September but if he doesn't it could take months to enforce. In the meantime we are left at risk as I need the access the path that runs under the structure.

if they don't act I will contact building control directly and start an official complaint.

Wish me luck!

Thanks Again

[Lady Jane]

Hi All, I thought I would give a quick update on this.

I made an official complaint and I have now had my response. They admit they lied to me and the inspection they say that was carried out was in fact just the surveyor who was visiting my property for another reason (I asked him to take a photo and chase it up) so no inspection report. Also no safety report from when I signed my tenancy.

The lady dealing with the complaint brought out a Senior Technical Officer who's report states there is severe stress fractures on the concrete posts and gravel boards. He says both the structures need removing and the fence so they can look at the land between the two properties and put in a suitable retaining fence. The tenant is in breach of tenancy and has no planning permission.

Tenant was given until the last week to remove or they will seek removal or remove it themselves.

They contacted me today to inform me that nothing has been done so far because the tenant has sought legal advice.

Any ideas what they would be advised? Any loopholes they can use to keep unsafe structures in place and leave my side in the state it is in?

[des8]

The fact the neighbour is seeking "legal advice" is not IMO a reason for him not complying with an order to make the construction safe.

If I was in your position I would be writing to council CEO (copy in all underlings!) telling him you find the situation intolerable and if the council do not ensure the area is made safe within xx days you will be making a complaint to the LGO about the council's inaction over a decade.

[Lady Jane]

I get the impression he is just trying to kill time. Like you say, seeking legal advice should not mean he doesn't have to comply with the requests from his landlord. I still have the ability to escalate this complaint if they don't follow through with the actions they set out.

Also, I requested a copy of the safety check completed on my property before I signed my tenancy. Today in an email she stated that they can't provide any documents from 2012 as this was in Voids?

Any idea what this means?

[des8]

Haven't a clue, but suspect it means they have either lost it, or it has been filed away in a dusty basement somewhere, and they don't intend to retrieve it or it has been destroyed

Ask them what they mean

[Lady Jane]

I suspect the same, they have no intention of digging up a document that could implicate them further. I will look into it.

[atticus]

Today in an email she stated that they can't provide any documents from 2012 as this was in Voids[?]

Any idea what this means?

Have you asked the person who told you this what it means?

[Lady Jane]

Hi Atticus,
I haven't no, they are being evasive so I am not wasting my time. I looked into it and in voids means the house was empty for a period of time before I was offered it.

I believe that if a property in in voids it has to have an inspection before being let again, so I am going to go direct to the local authority with my request.