Extension roof issue

jakewoof

Note sure if this is the right section of the forum, so please move if wrong! I used to post on here frequently but that was a year or so ago, so forgot my login!

Anyway, my mate lives in a semi detached house. Both semis have a flat roofed conservatory on the back, built at the same time around 20 years ago, and the felt roofs are connected.

My mate's conservatory was built with PVC windows, so is in good condition, and he repaired the roof a couple of years ago as there was a small leak. The roof is now fine for another 3 or 4 years.

The neighbour's conservatory had cheap windows, so now the neighbour is knocking it down, and is replacing it with a decent conservatory, slightly larger than what is already there.

He came round to say that work will start next week, and in building his new conservatory, it might damage the roof to my mate's conservatory, potentially making it leak.

The neighbour seemed to think that this was perfectly OK, and that he's not responsible for damaging my mate's roof or any leaks.

My mate certainly doesn't have a spare £800+ to get his roof done at the same time, and nor should he have to, as it doesn't leak so doesn't need replacing.

Firstly, if the builder knows he's going to make my mate's roof leak, does he have to make changes so that it doesn't leak, and will this be at the expense of the neighbour?

Secondly, if my mate's roof leaks after the neighbours conservatory has been built, and it's due to the build, then can he make the neighbour pay for the damage and put it right?

Thirdly, is there some odd loophole he doesn't know about that entitles the neighbour to do what he likes now he's mentioned that it might cause a problem?

My mate doesn't want to cause any problems with the neighbour, and is struggling to understand the neighbours odd attitude over this, so needs to know where he stands so that he can come to an amicable solution should there be a problem.

Hope that makes sense, and thank you in advance for any advice.

busy_b

I'm not 100% sure, but the neighbour would probably need to get your friend to sign a party wall agreement if the roof is joined to your friend's property.

He'd most certainly be liable to make good any damage caused. (I've probably not been much help but Good Luck to your friend !)

guppy

Have a look here:

http://www.communities.gov.uk/publications/planningandbuilding/partywall

This work would be covered by the Party Wall Act 1996.

There is no provision for enforcing the Act though, except through private court action. Your friend should try and reason with the neighbour, and failing that, seek legal advice from a solicitor or surveyor dealing with these issues.

wreck_fisher

A conservatory is normally a detached additional structure which usually have a glass or perspex roof, what you descrbe is a sunroom which is part of the house structure. My daughter had a simialar problem a few months ago when her neighbour had a new roof and extension which in turn caused water ingress, she claimed off her house insurance who are now persuing her neighbour. I doubt that it will go to court as it would be to expensive for the insurance to prove fault plus court costs etc.

If I was your mate I would photograph the existing roof and all other area's before the proposed works commence, these may prove invaluable if any problems occur.

slummymummyof3

I would speak to the neighbour and advise them that the work falls under the Party Wall etc Act and that you require a party wall surveyor be involved prior to any works commencing. The builder will be fully aware of the PWA but your neighbour may be totally unaware (or just hopes that you are unaware) You can either use the 'agreed surveyor' as per the 'building owner' (the one having the work done) or you can choose to appoint your own (usually at the expense of the building owner - providing you are not benefitting from the works) The party wall surveyor will take photos etc prior to the works commencing and should any damage occur during the works (as described within the party wall award) then these damages would have to be rectified at the expense of the building owner. The PWA cannot be done retrospectively - it must be done before works commence. You must stress to the building owner that you disent from the works commencing until your PW surveyor has seen the plans and a schedule of works has been drawn up.

jakewoof

Thank you everyone for the really helpful replies.

My mate will read through the party wall act, take lots of photos, and speak to the neighbour and let him know (politely) that he's not to damage his roof, and any damage must be put right!

I don't think the neighbour is the brightest spark, hence seems to be rather ignorant over this. I believe he's saved hard to pay for this "sun room" (thanks for correction flex-c-ment!), so wasn't anticipating any extra potential costs.

Hopefully it will all turn out fine.

slummymummyof3

PWA isn't cheap so I should imagine if he has saved long and hard, this would blow his budget right out the window!