A BUILDER fears he’ll never be able to sell his home – after his neighbour dug a 10ft hole in his garden next door.
Etitaz Raja claims Abul Azad’s “eyesore” renovation work has collapsed the garden fence, leaked sewage and is a haven for rats.
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Following months of sleepless nights, Etitaz says he’s struggling to cope and has been forced out his own home.
The 34-year-old, from Northamptonshire, said: “It was an investment for me.
“Right now I’m in a financial loss. I don’t think anyone’s gonna buy the property in the state it’s in. It’s changing my demeanour.
“I’ve lost a lot of weight. I was at 90kg when this started.
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“I’m at 80kg now because of stress. I’m not sleeping at night.”
Etitaz bought the three bed, £150,000 doer-upper in 2017 with his life savings with the hope to refurbish and sell on and buy his dream home near family in Bucks.
After getting planning permission in 2018, neighbour Mr Azad, 51, began work on an extension last year, but progress was slow.
By March 2023, the extension had not been completed and the permission expired, according to council documents.
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But in January, Etizaz discovered builders had dug a giant hole beside his garden – which are part of the works – and it’s not been filled in.
He says the gaping cavern has caused the fence to collapse and pipes carrying sewage are left exposed and have now leaked.
Neighbours divided over the tearing down of a privacy fence between their homes Strawberry Hill station
The sewage spill, he claims, has discoloured the temporary wood used to hold the earth in place and it attracting flies.
He fumed: “It stinks – we’ve got rats running around in the garden.
“When I walked over [to his neighbour’s garden], I saw a rat running over the fence towards the brook.
“I’ve been here seven years. I’ve never seen a rat in my life.”
The ordeal has forced Etitaz out his home, which he is currently renovating at the weekends, and he is currently living in Aylesbury, Bucks.
I’ve lost a lot of weight. I was at 90kg when this started
Etitaz Raja
Etizaz says he has made several attempts to flag his concerns to West Northamptonshire council.
On two separate occasions, they sent over a building control officer to investigate but have not taken action, he says.
When an officer came on March 8, Etizaz claims he did even not venture into the garden.
West Northamptonshire Council said: “We have assessed the structure; it is not deemed to be in a dangerous state.
“Therefore, no action is required from our perspective, but we have let the neighbour know that they might be able to take private action under the ‘Party Wall Act'”.
DIGGING FOR VICTORY
You have a right to excavate near your neighbour, but you must inform the adjoining owner by serving a notice, known as a Section 6, if you plan to:
- Excavate within 3 metres of a neighbouring owner’s building or structure, where that work will go deeper than the neighbour’s foundations
- Excavate within 6 metres of a neighbouring owner’s building or structure where that work will cut a line drawn downwards at 45 degrees from the bottom of the neighbour’s foundations.
- You must tell your neighbour on the notice whether you propose to strengthen or safeguard the foundations of their building or structure. This could include underpinning.
- The notice must be accompanied by plans and sections showing the depth and location of the excavation to be valid.
- Not sending this information is a common mistake and can cause delays.
Source: Collier Stevens building surveyors
Abul, 51, said he has now fixed the broken sewage pipes and the property was deemed “OK” when council workers visited on Wednesday.
He labelled Etizaz’s behaviour “very rude” and said his allegation about rats was a “lie”.
The takeaway owner said he “tried” to fill the hole but was told not to be Etizaz, who separately said he had structural concerns about the way it should be carried out.
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Mr Azad says he’s now waiting on advice from engineers about filling the hole, which he excavated because he wanted “better” soil to build his extension upon.
Mr Azad said he re-applied for planning permission on Thursday.
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