Potential boundary dispute over loft extension

leroyJ

Work on our loft extension is about 3 weeks in, and they’ve started building out the dormer.
 

We’re mid terrace and have put in place party wall agreements on either side.

Neighbour to one side is unhappy as the side (aka cheek) of the new dormer is being built ontop of the edge of his roof tiles. 

The building company are adamant that this is permitted, as the tiles overhang onto our boundary. The dormer is only being built within our own space.

See photos, we are on the left side, the neighbour with the complaint is to the right.

We want to come to an amicable agreement.  But not really sure what could make the neighbour happy other than moving the dormer, which I don’t think is reasonable.

We’re setting up a meeting with the neighbour and the building company next week. But wondered if there were any independent opinions we could get from this forum in the meantime.

Doozergirl

Do you have a picture of the houses on a normal day? 

Where is the structure in relation to party wall is my question.  I'm guessing the timber is against it and the tiles will be on top?

leroyJ

Doozergirl said:

Do you have a picture of the houses on a normal day? 

Where is the structure in relation to party wall is my question.  

This is taken from street view. So in the photos I posted before you can see the chimney stack, that’s the chimney stack in the middle of this photo.

tacpot12

You don't want any part of the new construction touching their tiles. This issue should have been designed out so that the neighbour can always do any maintenance they need to do on their property.

leroyJ

tacpot12 said:

You don't want any part of the new construction touching their tiles. This issue should have been designed out so that the neighbour can always do any maintenance they need to do on their property.

Ok, I suppose a resolution at this stage could be that we cut their tiles back, so that they are all accessible.
Not sure how easy that is.

Ectophile

I hope you're going to get that chimney looked at while the scaffolding is up.

Doozergirl

That is a party wall.  It actually wouldn't be all that hard for your builders to trim the frame back way from it, but it is a shared wall, so their boundary cannot be at the edge of it, it will be at the mid point of the chimney.  

You should have a party wall agreement for it and the best way of building would have been to extend the party wall up, but hey ho. 

leroyJ

Doozergirl said:

You should have a party wall agreement for it and the best way of building would have been to extend the party wall up, but hey ho. 

Yes we do have a party wall agreement with the neighbour.
The issue is there were no details in the party wall notice about what would be done with the roof tiles. We supplied them the notice with the architects drawings, but it doesn’t show this kind of detail.

(So the neighbour is saying, had they had this detail, they wouldn’t responded with a positive acknowledgment, and would have appointed a surveyor).

Doozergirl

leroyJ said:

Doozergirl said:

You should have a party wall agreement for it and the best way of building would have been to extend the party wall up, but hey ho. 

Yes we do have a party wall agreement with the neighbour.
The issue is there was no detail in the party wall notice about what would be done with the roof tiles. We supplied them the notice with the architects drawings, but it doesn’t show this kind of detail.

Your neighbour is mistaken thinking that the wall and therefore the tiles are entirely theirs.   The wall is as much yours, the party wall is just extended upwards to accommodate the change in ground level.  You are entitled to build up to and attach onto the party wall.  

There isn't a boundary dispute. Well, there might be, but your neighbour is wrong.  That entire wall is an integral part of your house, with all sorts inserted into it.  The boundary doesn't change when your roof stops.
 

The roofing detail should be adequate though, with flashing etc, not just an overhang.  And in future, your neighbour should be able to attach straight onto your side wall if they want to extend their own loft extension - why masonry is better on the party wall, for soundproofing etc.