Unadopted roads and sewers 'a nightmare' for homeowners

Catherine Cooke says until upgrade work is done her house cannot be sold

A woman has said she is living in "limbo" because she cannot sell her home due the condition of some roads and sewers in her housing development.

Catherine Cooke, who lives in Ivy Mead Mews in Londonderry, said key infrastructure had not been adopted, meaning the roads and sewers are not maintained by statutory bodies.

More than 70 homes in the development are affected, BBC News NI understands.

NI Water said the sewers at Ivy Mead Mews were “not at the required standard" for adoption. The developer, Fyth Ltd, said remedial work has now started.

Legal arrangements are in place for local authorities to adopt streets and maintain infrastructure when new developments are built.

NI Water and Stormont’s Department for Infrastructure (DfI) - the statutory bodies who look after the road and sewer network - said before adoption, upgrade work must first be undertaken by the Ivy Mead developer.

“The house has been sold four times, it has never gone through and it won’t go through either,” Catherine told the North West Today programme.

"It has been a nightmare," she added.

Fyth Ltd built the homes about 20 years ago.

In a statement, Fyth said it had previously offered the site to NI Water and DfI for adoption.

Fyth said Ivy Mead Mews was offered to NI Water “some 12 years ago” and when residents first highlighted the issues around house sales “we kept pushing NI Water for a hand over”.

It added that remedial works at Ivy Mead Mews had now started.

Why do roads and sewers need to be adopted?

Homes surrounded by unadopted roads and sewers are difficult to sell.

Solicitors will often advise a client not to proceed with a purchase and banks can be reluctant to mortgage the house.

Home developers are required to put down a deposit, known as a bond.

This is meant to protect the interests of buyers by providing a source of funding to allow the government to complete the roads and sewers to an adoptable standard if a developer has failed to do so.

Catherine said she first realised there was a problem when the sale of her house fell through for a second time.

“I think even before the roads can be adopted the sewers have to be adopted first," she said.

“The issue is between NI Water and the developer who developed this area. There’s some sort of clause there about a bond.

"The bond has exceeded its time, the cost has risen from when it was built over 18 years ago”.

'In limbo land'

Catherine said pushing to have the sewers adopted was like a “ping-pong game”.

“The balls are getting fired back and forward. The only people that are suffering are people who have invested their money into these properties, and they are now worthless," she added.

“This house is my retirement, it was a big investment at the time. Now we are ready to downsize, we don’t need a five bedroom house anymore but I am stuck.

“We have been in limbo land for the last 12 months."

Neighbour Amy Wilson said she and her young family were in a similar situation.

She, too, had her home sale agreed four times but, on each occasion, it fell through.

"No solicitor will put their name to it," she said.

"I have small children and, again, it's our only asset and just with different circumstances, we wanted to move."

She said they wanted a downstairs bedroom because a family member needed treatment but now "we're unable to provide that care because we can't sell our house".

"It's just really disheartening that we're working and paying a mortgage and our asset is worthless - we can't sell our home," she said.

'Not the required standard'

A number of other areas in the wider Ivy Mead development have been adopted over the years, but a total of 72 houses in Ivy Mead Mews remain unadopted.

DfI said several phases of the Ivy Mead development remain unadopted due to outstanding issues.

Ultimately, a spokesman said, the developer “is responsible for constructing road and water infrastructure to the required standard to facilitate adoption”.

“The department will continue to engage with the developer and undertake enforcement action should it be deemed necessary,” he said.

NI Water said the sewers at Ivy Mead Mews were “not at the required standard" for adoption.

It added that it had recently been in contact with Fyth Ltd and it was committed to carrying out all remedial works to bring Ivy Mead up to an adoptable standard".

"If this is followed through, NI Water will be in a position to adopt the sewers," it added.

A timeframe for the completion of those remedial works is currently being worked on.

'Service strip infringements'

In addition, the developer Fyth said there are further issues relating to “residents building on land extending their boundaries”.

The DfI spokesman said any “service strip infringements” would hold up adoption.

“The department is working with the developer and local residents to resolve the outstanding roads issues,” he added.

Concern over infringements, Catherine said, had been raised only recently with residents.

Many homeowners, she said, feel that is a “cop out”.

Catherine said she has lived in Ivy Mead Mews since it the homes were first built.

“I have erected a wooden fence around my property and it is more about safety for my grand-kids than anything else but it is a wooden structure,” Catherine said.

"No one has ever knocked on my door and said: 'I need access to this strip for services.'

“I don’t believe anybody would obstruct anyone from doing essential work. A wooden fence can be re-erected”.