Advice Needed: Neighbor's Extension May Disturb My Roof and Invalidate Warranty

[MissBuilding1975]

My neighbor is building a rear extension in his garden, connecting to our shared wall (adjoined property) which is registered to my land via the deeds—no issue there, as we have a party wall process in place.

However, the extension will be the same height as my adjoined build, and my neighbor has said he will need to modify and disturb my roof, which still has 7 years left on a 10-year warranty. While I’ve allowed the wall connection, I’m not comfortable with him disturbing my roof as it would invalidate the warranty.

What are my legal rights and options before the party wall award is drafted? We currently have one surveyor representing both of us.

 

[Mottie]

Can you make sure your neighbour is responsible for any repairs that would have been covered by warranty?

 

[mrrusty]

If it could be arranged the best thing would be for the neighbour to use the same roofer.

 

[Murdochcat]

Has your neighbour arranged a party wall agreement?

 

[RandomGrinch]

What are my legal rights and options before the party wall award is drafted? We currently have one surveyor representing both of us.

Has anything progressed since your last posts about their build?
The previous advice offered seemed fairly comprehensive?

 

[MissBuilding1975]

Can you make sure your neighbour is responsible for any repairs that would have been covered by warranty?

@Mottie

Thanks mottie for your response, that’s the thing how can I make sure of that within the party wall award, the neighbour has stated purposely that they are intent on moving so how is viable that responsibility is with him for the next 7 years of the warranty period which is left it just seems bizarre to expect that of him.

I mean seriously I don’t find unreasonable to saying no please do not touch my roofing / disturb it as you will void my warranty. Is that reasonable? I mean I paid so much money for my money for someone to just do what they want and then damage is that fair ?

 

[MissBuilding1975]

Has your neighbour arranged a party wall agreement?

Yeah as I said we currently have one party wall surveyor representing us both. He hasn’t started yet.

 

[MissBuilding1975]

Has anything progressed since your last posts about their build?
The previous advice offered seemed fairly comprehensive?

No build has started yet. Just find it bizarre how the law can grant permission to a person to disturb someone else’s roofing and void thier warranty entirely if they want. I don’t agree to that at all.

Would any of you agree to it, and then put your trust in someone over 7 years to cover your warranty when in fact they are moving any way. Their just doing the extension to extend its potential of actually selling.

 

[Mottie]

I wouldn’t agree to it. Can you get (at their expense) a solicitor to draw up something that remains with the house to the effect that whoever is the house owner agrees to guarantee the roof until the expiry of the warranty or better still, insist that the original roofer (at their expense) checks the roof to maintain the warranty.

 

[RandomGrinch]

No build has started yet. Just find it bizarre how the law can grant permission to a person to disturb someone else’s roofing and void thier warranty entirely if they want. I don’t agree to that at all.

Sometimes we just have to compromise.
Given your fairly unique property, your neighbour has the potentially unenviable situation of selling a property that has a neighbouring property appearing to be built on their land - (I know it's yours, don't panic), but that may put some buyers off.

Yes, their work may interfere with your roof and because your buildings join, that is allowed under the PWA.
The whole point of the PWA is to enable compromise in these situations.
In the first instance bring this issue up with the PWA surveyor, now they are appointed - provisions could be made in the detailing of their design, to mitigate any issues to your roof.
There is no benefit getting yourself wound up about this on internet forums.

 

[MissBuilding1975]

Thank you @RandomGrinch your right thanks mate. That’s exactly what I’ll do

 

[Mrs Ten Names]

Is it possible to have an Indemnity insurance at the current owners expense?
That way the Indemnity Insurance will meet the bill for any repairs in the future.

 

[^woody^]

You get the conditions of the existing warranty written into the Award, so that the warranty or undertaking of something similar is provided.