Party wall repair - should neighbour pay half?

EdGasket

I have a roof leak due to an aging firewall which is between my roof and my neighbours. My neighbour does not currently have a leak. Every roofer I have had round to estimate says it needs a new damp course which is common to both properties. Cost of work is around £1,000.

Is there any precedent or statutory guideline as to whether my neighbour should pay half the cost, contribute some, or doesn't have to pay anything? I appreciate that the neighbour doesn't have a problem currently but on the other hand if I pay for all the work, my neighbour benefits from the new damp course at my cost. I have discussed this and the neighbour will contribute but not to the extent of half the cost. Any advice?

I_have_spoken

Section 11 of the Party Wall Act sets out when Adjoining Owner should pay part of the expense of the works

The Deeds may also set-out liabilities for 'common good' work.

katejo

I_have_spoken wrote: »

Section 11 of the Party Wall Act sets out when Adjoining Owner should pay part of the expense of the works

The Deeds may also set-out liabilities for 'common good' work.

The November storms caused damage to the roof ridge between my house and the next house. I checked my deeds but nothing was said about shared parts of the roof. We ended up splitting the cost between us. We didn't have the problem of damp on one side but not the other. I didn't think of checking the Party Wall Act.

ihatemyhouse

but can he afford it?

EdGasket

I_have_spoken wrote: »

Section 11 of the Party Wall Act sets out when Adjoining Owner should pay part of the expense of the works

The Deeds may also set-out liabilities for 'common good' work.

Yes but that Party Wall Act suggests the use of one or even two surveyers which would probably cost more than paying for the entire job myself. It is in somewhat legal jargon though I gather it should be a 50/50 split. However my neighbour would probably argue that he doesn't think anything needs doing as he doesn't have a problem. Ah well I'll probably have to settle for anything he will pay and leave it at that.

teneighty

Suggest that they get their own roofer to inspect and quote for the work. Point out that if they don't that you will be forced to appoint a Party Wall Surveyor which they will have to pay half for in this instance. So their £500 contribution could well end up £1000 or more.

EdGasket

teneighty wrote: »

Suggest that they get their own roofer to inspect and quote for the work. Point out that if they don't that you will be forced to appoint a Party Wall Surveyor which they will have to pay half for in this instance. So their £500 contribution could well end up £1000 or more.

Not worth the hassle mate. I'd rather pay an extra £500 for my part of the job than start paying the professionals to write fancy reports. Plus think of the bad feeling it would cause with the neighbour; just not worth it.

G_M

EdGasket wrote: »

Yes but that Party Wall Act suggests the use of one or even two surveyers which would probably cost more than paying for the entire job myself. It is in somewhat legal jargon though I gather it should be a 50/50 split. However my neighbour would probably argue that he doesn't think anything needs doing as he doesn't have a problem. Ah well I'll probably have to settle for anything he will pay and leave it at that.

That is if you follow the PWA process. You don't have to.

You could use the Act as a guide to establish shared responsibility and then mutually agree not to implement the Act but just share the cost of repair by a mutually acceptable builder.

TrickyDicky101

G_M wrote: »

That is if you follow the PWA process. You don't have to.

You could use the Act as a guide to establish shared responsibility and then mutually agree not to implement the Act but just share the cost of repair by a mutually acceptable builder.

Or, since the PWA is completely toothless the neighbour could ignore the OP who would still have a leak until such time as OP paid (solely) to fix it.

G_M

TrickyDicky101 wrote: »

Or, since the PWA is completely toothless the neighbour could ignore the OP who would still have a leak until such time as OP paid (solely) to fix it.

a) not totally toothless- injunction is possible (though admit it may not apply here)

b) if neighbour ignores, OP is no worse off than now, so what's the harm in trying?

mrchiggles

ihatemyhouse wrote: »

but can he afford it?

Exactly, I've got poor, elderly neighbours on either side of my house so I've done all the fencing, chimney repair (shared), etc myself as they simply can't afford it and I want it done...