Green Area

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Kate
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Green Area

Post by Kate » 04 Nov 2007 23:46

Hi Nigel.

Sorry it did not take long, having introduced myself, can I now ask a question?

We live on a development of 9 villas, with an area I think 10%, approx 800 sq. mts. designated as green. We were led to believe that our builder would smarten up this parcel of land. He now tells us (1 year on) that he just leaves the area, builders rubble etc. and that the municipality is reponsible for creating a pleasant area. We originally believed that the builder would plant etc.
Can you tell me who is responsible, the builder or the municipality?

many thanks
Kate



Nigel Howarth
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Post by Nigel Howarth » 05 Nov 2007 10:33

Good morning Kate & welcome to the forum.

No need to apologise for asking a question, that's what the forum's for.

You'll need to find out the terms & conditions of the developer's Planning & Building Permits. It may be that these state the developer's responsible - he'll certainly be responsible for providing the green areas, but tidying it up and planting is a different proposition. I suggest you visit the Municipal Office and ask - they should have the information.

(At some time after the development is completed, the Municipality will inspect it to ensure it conforms to the Planning & Building Permits issued for it's construction. If the developer should have cleared and planted it, you'll find out then.)

Once the development is complete, it's usually the Municipality that takes on the task of maintaining the green area - some Municipalities are better at doing this than others.

But if it's a communal development, it'll be the responsibility of the Administration Committee set up to manage, maintain and insure the common areas - including the green areas.

Regards,


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Pantheman
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Re: Green Area

Post by Pantheman » 21 Feb 2008 19:53

Nigel,

probably a bit out of date now, but my understanding of obligatory green areas was that they were public spaces.

This means that the local council is responsible for its upkeep, but is also open to to member of the public too.

The fact that this developer has left it in a bad way is a reflection on the type of person he is. Not a good developer to do business with. You would think that he would have a keen interest to smarten the place up, even if it just advertised his product.

Seems there are too many short sight, short term gainers and no one looks at the bigger picture.

Sad.


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Re: Green Area

Post by Nigel Howarth » 22 Feb 2008 12:16

Hi Pan,

Last year our local developer in Erimi set out a green area next to me. He put a wall around it, put in some trees and other plants, a watering system and childrens' play equipment. It looked very nice when he'd finished.

But now it's overgrown, most of the trees and many of the shrubs have died and hardly anyone uses it. No-one looks after it.

Cheers,


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Pantheman
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Re: Green Area

Post by Pantheman » 22 Feb 2008 14:45

Nigel Howarth wrote:Hi Pan,

Last year our local developer in Erimi set out a green area next to me. He put a wall around it, put in some trees and other plants, a watering system and childrens' play equipment. It looked very nice when he'd finished.

But now it's overgrown, most of the trees and many of the shrubs have died and hardly anyone uses it. No-one looks after it.

Cheers,
Nigel,

Heres one for you!

When the title deeds are eventually get issued, who gets the title deed for the green area??

Since is the land has been subivided, then I would guess the green area will also have its own deed.

Just wondered.


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Re: Green Area

Post by Nigel Howarth » 22 Feb 2008 21:51

Hi Pan,

That's a good one! I have no idea!

Logically, when the Title Deed is issued, it would be in the name of the developer. The Community/Municipality would need to get ownership transferred to their name - or perhaps they have a long-term lease on in at a peppercorn rent - or, as it's a condition of the Planning Permission, perhaps it's automatically transferred to the Community/Municipality.

Do you know?

Cheers,


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Pantheman
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Re: Green Area

Post by Pantheman » 23 Feb 2008 16:57

Nigel Howarth wrote:Hi Pan,

That's a good one! I have no idea!

Logically, when the Title Deed is issued, it would be in the name of the developer. The Community/Municipality would need to get ownership transferred to their name - or perhaps they have a long-term lease on in at a peppercorn rent - or, as it's a condition of the Planning Permission, perhaps it's automatically transferred to the Community/Municipality.

Do you know?

Cheers,
Ha Ha , no I don't thats why I asked you :wink:

I can find out though, when I do I will let you know.

Pan


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bitterlemons
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Re: Green Area

Post by bitterlemons » 05 Mar 2008 20:03

Hi
Yes, would be interesting to know! Look forward to postings.



Pantheman
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Re: Green Area

Post by Pantheman » 21 Mar 2008 15:33

Pantheman wrote:
Nigel Howarth wrote:Hi Pan,

That's a good one! I have no idea!

Logically, when the Title Deed is issued, it would be in the name of the developer. The Community/Municipality would need to get ownership transferred to their name - or perhaps they have a long-term lease on in at a peppercorn rent - or, as it's a condition of the Planning Permission, perhaps it's automatically transferred to the Community/Municipality.

Do you know?

Cheers,
Ha Ha , no I don't thats why I asked you :wink:

I can find out though, when I do I will let you know.

Pan
OK, according to my information, there is no title deed issued for the green area. It is classed as public open space and belongs to the government.

According to the developer I spoke to, this green area (conditioned on the planning permission) is their responsibility for the upkeep.

So any overgrown, out of order green spaces may be down to the original developer to sort out, you just need to read the contents of the planning permit.

Hope that helps.


For all your property needs, we offer Trust, Integrity, Honesty.
FSB Properties Ltd
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Re: Green Area

Post by Nigel Howarth » 21 Mar 2008 18:29

Thanks Pan,

Cheers,


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