RESIDENTS living on the Broome Park estate in Okehampton are seeking compensation from the developer that built their homes as many face huge bills to repair and replace rotting timber walls that hold their gardens in place.
People living on Broome Park have been suffering after walls standing two metres high and built with timber poles designed to support the gardens of properties on the development have started to rot at the base.
The homes — built in 2008 by Barratt Homes — stand on the side of a steep hill on a former allotment site.
The rotting of the log supports has led to the possibility of gardens subsiding hugely, leaving homeowners to foot bills of tens of thousands of pounds to sort the problem.
Garden fences, walls and gates do not require building regulation approval.
However, although building regulations do not apply, these elements must be structurally sound and must comply with good practice.
The residents of Broome Park — which includes Hawkins Walk, Portugal Way and other streets off Fatherford Road — are contesting that the retaining walls were not constructed to a reasonable standard and the developer of the site, Barratt Homes, should shoulder responsibility for paying to rectify the damage.
Barratt Homes have denied all liability.
A public meeting to discuss the issue was held on Saturday in the Ockment Centre, Okehampton.
Anne and Martin Barnard live in Broome Park on Hawkins Walk and their garden is one of many affected by the rotting timber posts.
Anne said at the public meeting: ‘There are lots of young families with kiddies who don’t even know they are sitting on a ticking time bomb. Young families will have saved up for years to get a deposit for a new home and then they will face problems like this. It’s not fair.
‘The government needs to get hold of these issues and make sure young families are protected. They don’t know what they’re buying — how could you?
‘We have had a structural engineering report which states that log retaining walls like this are not built to specific building regulations but should “comply with good practice”. I don’t know how this could be called good practice.’
Diane Smith is also a resident living on Hawkins Walk. She said: ‘I have spoken to Barratt Homes and they say that Roadform were the sub-contractors for the work and that they are responsible.
‘Yet surely, if Barratt have commissioned them, ultimately it is their fault and their responsibility to ensure the work is done properly.
‘The added insult is that I’ve been told I’ve not maintained my property properly — that is not why this has happened. I’ve been putting Cuprinol on the timbers, I haven’t neglected them at all.
‘I’ve had three Barratt Homes before now, I’ve been in my current home for nine and a half years and had issue after issue. I’ve lost faith with them. Their reputation is being eroded here with shoddy workmanship done on their behalf.
‘They get away with it because people just pay to correct the problems themselves. For the next batch of people buying new homes, it should be an exciting time for them but they will just run into a lot of problems like we have.’
The Southwestern Housing Society (SWHS), which is responsible for the safe management and running of 32 properties in Broome Park, have backed the views of residents.
In a statement to the Times, Donna Johnson, chief executive of the SWHS and executive officer responsible for the Broome Park properties, said that the SWHS became aware of the logs beginning to rot more than five years ago.
‘The officer responsible for the properties at the time entered into extensive negotiation with the house builder to try and secure a remedy that would provide a satisfactory solution to what the SWHS felt was a clear risk to the properties and people living there’.
However, they were unable to reach an agreement and were obliged to make the decision to complete the work at considerable expense to the SWHS in 2017.
Ms Johnson said: ‘During the course of our efforts, it was determined by the NHBC [the building control provider for Broome Park] that because the retaining logs were not supporting properties, only gardens, no claim against their insurance would be valid.
‘The subcontractors employed by Barratts to provide and install the log retaining walls had gone into administration and Barratts were not willing to accept responsibility and take remedial action.
‘Our only course of action at this point was to weigh up the risk of litigation with a large and powerful company, that may consume our resources to an unacceptable level, or to utilise our funds to ensure a positive solution.
‘We were obliged to introduce a completely re-engineered design in order to achieve a retaining structure that would be fit for purpose for the time in which they were expected to be, at least 25 years in our opinion.
‘We firmly believe that this is a latent defect and the responsibility for putting it right should be borne by the builder. Our sympathy lies with those who are still experiencing difficulty.’
West Devon and Okehampton Town Councillor Tony Leech has been in discussion with residents for 18 months, trying to move the process forward and find a solution for people affected.
He said: ‘When the estate was built, I was mayor of Okehampton and asked to open the show home.
‘I never expected something like this to come off the back of that.
‘We want to try and influence Barratt Homes to take some responsibility for the log walls. It seems no claims on home insurance are valid as they affect gardens and not the homes directly.
‘Look at the problems at the new homes at North Tawton [Batheway Fields]. The floors are crooked, insulation is inadequate and more.
‘The local authority should be more involved. When things go wrong, the developers need to be held responsible, tear down the defective work and start again.’
Paul Moran, managing director of Barratt Exeter, said: ‘While we are sympathetic to the isues we do not accept any liability.
‘This issue was previously referred to the National House Building Council (NHBC) some years ago who confirmed that it does not fall within the responsibility of Barratt Homes or the NHBC themselves.
‘On this basis it was not appropriate for us to send a representative to the meeting.’
If you have had a problem with garden supporting walls rotting at your home, you can contact Councillor Leech on 07768 440379 or email [email protected] to get involved. Residents affected by the rotting timber walls are being invited to join a closed Facebook group so that they can stay in touch and share their experiences — email [email protected].