SuDS Responsibility at Badbury Park – Summary

The Residents Working Group has asked Swindon Borough Council (SBC) to confirm who is legally responsible for maintaining the Sustainable Drainage System (SuDS) at Badbury Park.

Homeowners’ deeds contain no maintenance covenant, solicitors found no legal mechanism assigning responsibility, and SBC has not identified who is accountable.

The NEV SuDS SPD requires clear maintenance plans, adoption arrangements, and a responsible body—but none appear to exist.

We have asked SBC to confirm:

• Whether they are responsible for SuDS maintenance

• Whether the SuDS were offered for adoption

• Who they believe is legally responsible

• Whether any agreements or covenants exist

• How maintenance would be enforced without them

This information is needed to ensure the drainage system is properly maintained and to support our complaint to the Ombudsman; which we have now submitted.

Council Record Failures Could Leave Badbury Park Residents Paying for SuDS Maintenance

Summary – Boundaries and Party Walls (TP1)

• Party walls/fences: Any wall or fence dividing your plot from another is treated as a party wall/fence, meaning both owners share responsibility for repairs.

• Shared repair costs: If a wall or fence is a party boundary, each adjoining owner must contribute an equal share of repair costs.

• Non-party boundaries: If a boundary wall or fence belongs solely to your plot (i.e., not shared), you alone must keep it in good repair.

TP1 Fourth Schedule paragraph 3 “ all walls and fences dividing the plot from any of the other blocks shall be party walls and fences and shall be repairable accordingly”.

TP1 Third Schedule paragraphs 11a and 11b.

1. a) to contribute an equal share according to user of the cost of repairs to all party walls and fences (if any) dividing the plot from any other plots on the estate;
2. b) to keep in good repair any boundary walls or fences on the plot which are not a party walls or fences (if any).

TP1 Third Schedule, Paragraphs 11a and 11b:

1. a) Each user must equally share the cost of repairs for any party walls and fences dividing their plot from neighboring plots on the estate.
2. b) Each user is responsible for keeping in good condition any boundary walls or fences on their plot that are not party walls or fences.