Party wall, encroachment, tresspass and water drainage - confirmed by a surveyor

homeowner99

Hi everyone, I'm new here and signed up as I saw some great advice on a similar but slightly different issue to one I am having.

This weekend my neighbour started some work on their property to replace a flat roof on their porch with a pitched roof. However the edges of this protrude over a party wall onto my property.  I am now also reliant on them maintaning gutterage to stop any water falling my way (IF they install gutters - which would of course protrude even further into my space).

At first I thought I don't like this, but am I being petty? I have since learnt a lot, and that no, this could be a real issue at any point I decide to sell.

Any advice?

I'm particularly concerned because as the works are due to be finshed today (Tues 24th), and a quick google tells me the work being finished or ongoing could make a difference between being awarded damages or them actually being required to rectify their design of the roof (a mono pitch would not cause any of these issues).

It's been reported to buidling control with the local council who said they'll send someone to take a look, but I'm also under the impression that even when the work isn't within regulations that they won't get invloved (I imagine unless something is dangerous) as it's a civil dispute so I need legal represetation.
Thanks

homeowner99

I guess my main questions are:
1. Are building regs likely to ask them to change it, or would is it more likely to come down to me taking to court?
2. How much of an issue is something like this likely to be for a housesale?
3. Do I need to try and stop them finishing, perhaps with an injuction? The issue here is it would leave my neighbour without a finished roof.

FreeBear

3. If completion date is the 24th, I doubt you would get an injunction in time.

2. You would have to declare any dispute when the time comes to sell. Hopefully, they will see fit to install gutters - Having rain water coming straight off a roof in front of a door is not nice (depending on the direction of slope).

1. Buildings Control dept. are unlikely to do much. If you have to initiate legal action, it could get very, very expensive - Do you have legal cover on your household insurance ?

Cheapest and common sense solution is to raise any concerns with the neighbour and come to an amicable agreement on what needs to be done.

homeowner99

Thanks FreeBear. I don't have house insurance so that's a no-go. The surveyor advised I go to court if needed and that it's a (in his words) a 'slam dunk case' and then the neighbour would be responsible for all legal fees. He was 100% confident with that.

I've tried talking, but as far as I can see it there are only two options. It stays or it goes, so there's not a compramise as there's no in between.

homeowner99

Oh and having looked up party wall stuff. There was no notice served of the intended works, so that's not good either.

TELLIT01

Not directly to do with the issue, but are you saying you have no house insurance at all, or that you don't have any legal cover on your house insurance.  No house insurance at all is a very high risk strategy.

homeowner99

It's complicated with the insurance, but yes I don't have any. Not connected to this issue though.

Jeepers_Creepers

Does this new roof slope down towards your property, so the gutter would need to run parallel to (and on, possibly inside) your boundary? 
Why is this new roof extending further than the old 'flat' roof? Where was the gutter located on the original roof? Did the 'flat' roof slope in a different direction?

And your no-insurance situation is really worrying. It might be 'complicated', but do you realise the risk? 

GordonBurnett

It's a trespass. You can ask they remove it and via legals if needed. If it IS a shared wall, then you'd have a right to raise it in the future but have to adjust their roof at your cost. If the gutter if left there long enough (20 years) it has a right to stay. It will gain an easement.

If you wanted to do the same work or an incoming purchaser, this might be an inconvenence and discouragement for them. So it could be an issue for you and it's worth leaning on them to explain this and help them understand they have screwed up. Sometimes just one letter from a solicitor can work wonders. But try friendly first.

GordonBurnett

The other thing is, if this is a porch, is it going to be a big issue for you? It might not ruin your future development opportunities. Annoying, but the scale suggests your legal costs might be as much as just fixing it (parapet and gutter their side??) . I split fence costs with a neighbour just because it kept the peace and I didn't have to look at the clowns.  Not necessarily option one but..