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rain leaking through roof around join of neighbour's dormer
- Thread starter tiddlywinks
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Update - I called the Building Regs at the Local Authority and they said that encroachment over boundaries is not part of their remit, and anyway the job of building regs inspection has been given to a private company (LA has not yet been notified of sign off).
They couldn't even tell me for certain if a party wall is allowed to straddle a boundary.
They said they could not help me and recommend I speak to a solicitor if I'm concerned about encroachment, or hire myself a party wall surveyor.
Is there anywhere I can get free advice on my rights? This is getting more scarily expensive all the time, and none of it is my fault
Thanks.
They couldn't even tell me for certain if a party wall is allowed to straddle a boundary.
They said they could not help me and recommend I speak to a solicitor if I'm concerned about encroachment, or hire myself a party wall surveyor.
Is there anywhere I can get free advice on my rights? This is getting more scarily expensive all the time, and none of it is my fault
Thanks.
You need to either speak to your neighbour or write them a letter and explain that the dormer is infringing on onto your property (trespass) and you would like it removed and re-built.
Also you would like your roof reinstating to an acceptable weather tight finish.
Explain that you are willing to allow them onto your property to do so but they must not take more than say two weeks.
As Joe has said, your property will be 'black balled' because of this.
Also you would like your roof reinstating to an acceptable weather tight finish.
Explain that you are willing to allow them onto your property to do so but they must not take more than say two weeks.
As Joe has said, your property will be 'black balled' because of this.
Hi!
Well the bottom line is, that it is highly likely that you will fall out with your neighbour over the ongoing situation as your neighbour is trespassing and had no right to build onto your property, regardless of whether or not they had planning permission (this error should have been identified at the planning application stage - unless of course the detail was never disclosed on the plans!) The planning application should be on file and you can have access to these to confirm your suspicions.
Which raises the question, did you receive a Party Wall notification from your neighbour and did you have any inclination that the neighbour was going to build onto part of your property and that you were going to have his rainwater discharge onto your property - most people would have said 'no way!'
Whatever the outcome, there is no reason why you should be made to pay for your neighbours mistakes and no cost should be incurred on your part in resolving these issues.
I would recommend that you contact your insurance company who will undoubtedly have access to legal experts who can progress matters on your behalf (once you have explained the situation.)
Regards
Well the bottom line is, that it is highly likely that you will fall out with your neighbour over the ongoing situation as your neighbour is trespassing and had no right to build onto your property, regardless of whether or not they had planning permission (this error should have been identified at the planning application stage - unless of course the detail was never disclosed on the plans!) The planning application should be on file and you can have access to these to confirm your suspicions.
Which raises the question, did you receive a Party Wall notification from your neighbour and did you have any inclination that the neighbour was going to build onto part of your property and that you were going to have his rainwater discharge onto your property - most people would have said 'no way!'
Whatever the outcome, there is no reason why you should be made to pay for your neighbours mistakes and no cost should be incurred on your part in resolving these issues.
I would recommend that you contact your insurance company who will undoubtedly have access to legal experts who can progress matters on your behalf (once you have explained the situation.)
Regards
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We have just had a dormer conversion done so have been through these hoops ourselves. The soakers in the corresponding place on our roof are not visible but I know they are there as I went up the scaffold and took pictures to show the neighbours.
See http://www.communities.gov.uk/publications/planningandbuilding/partywall for what your neighbours should have done about notifying you two months before the work started.
The presumption must be that the leak was caused by the work. If your neighbours have (and wish to keep) a good relationship with you they should be willing to claim under the warranty from the loft conversion company or their insurers for any inspection and/or remedial work.
The encroachment is trickier. For e.g. overhanging gutters it is regarded as a technicality and according to an article in the Sunday Times the courts will not force restitution. If the loft conversion complies with certain rules there may have been no need for a planning application at all. But your local planning dept should be able to advise on the rules in any case. Also ask your neighbours to show how they comply, and if the builders have provided a Certificate of Lawfulness to certify that the development did not require a full planning application (I bet they won't have). You might get some free advice from CAB or a law surgery but do some homework first.
HTH
See http://www.communities.gov.uk/publications/planningandbuilding/partywall for what your neighbours should have done about notifying you two months before the work started.
The presumption must be that the leak was caused by the work. If your neighbours have (and wish to keep) a good relationship with you they should be willing to claim under the warranty from the loft conversion company or their insurers for any inspection and/or remedial work.
The encroachment is trickier. For e.g. overhanging gutters it is regarded as a technicality and according to an article in the Sunday Times the courts will not force restitution. If the loft conversion complies with certain rules there may have been no need for a planning application at all. But your local planning dept should be able to advise on the rules in any case. Also ask your neighbours to show how they comply, and if the builders have provided a Certificate of Lawfulness to certify that the development did not require a full planning application (I bet they won't have). You might get some free advice from CAB or a law surgery but do some homework first.
HTH
This encroachment issue is not tricky, it is cut and dried. If the centre of the ridge delineates the centre of the boundary then the dormer is on the neighbours property and thus should remove it.
It is trespass.
A very old thread... What was your final outcome if I may ask?
Thanks...Foz
Thanks...Foz
I think he ended up under the neighbours new patio.
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