Enforcement action - against the Leaseholder or the Freeholder?

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    Enforcement action - against the Leaseholder or the Freeholder?

    Hi. First time poster looking for some advice.

    I am faced with a situation where a well-known developer has built a row of houses, one of which I have bought. The garden has been finished other than in accordance with the approved plans - essentially, rather than a gradual slope along the 3m length of the garden, with a total drop of 1.5m from the level of the patio at the top to the level at the base of the fence at the bottom, the garden as built slopes for half the length and then drops very sharply before levelling out again, with a total drop of 2.6m from the level of the patio at the top to the level at the base of the fence at the bottom. I had already completed the purchase, signed the 999 year lease and taken possession of the house before this breach became apparent.

    The local Council agrees it is a breach, but says that it had no obligation to check the garden until the breach was reported to them and that planning enforcement action can't be taken as it would need to be taken against me, rather than the developer, so it would be pointless as I would have to pay for the garden work either way.

    So, my question is - can the Council take enforcement action against the developer, rather than me, and require the developer to rectify the garden?

    Any advice gratefully received!

    #2
    Doubt it. Why would they bother. The don't usually bother about planning violations which are much more fundamental - so they will not give two hoots about this.

    With that sort of drop (a 45 degree gradient over 3 meters) clearly it is going to be determined by the practical reality of what is under there -- like 15 ton rocks that keep your foundations in place.

    Think you are wasting your time.

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