Neighbours extension overhanging boundary line

shoe_dog

My next door neighbour is currently adding a kitchen, first floor bathroom and loft extension to their property. I signed a party wall notice before building work commenced agreeing to the works but the kitchen (which is still under construction) has been built differently to the drawings he enclosed in the party wall notice. 

As you can see in the photo's attached, the tiles and guttering of his new kitchen roof now overhang the boundary line and therefore my property, whereas on the drawings i was given (also attached) there was a taller boundary wall with the slope of his kitchen roof meeting the inside of that wall and therefore acting as a barrier between the run-off of his pitched roof and my property. So, not only is he overhanging my property but rain water has the real potential of pouring down onto my patio and causing damage, in fact you can already see water damage on the rendering of my kitchen in the photos.

Where do i stand legally and what do i need to do to resolve the issue? I get on fine with my neighbour but obviously i want this sorting. 

Bendy_House

You contact the PW surveyor?

This will be interesting to a lot of folk, as it would seem to be exactly the sort of situation the PWA is supposed to deal with.

Obviously, it's worth having a chat with either the builder or the neighbour first, as you want to maintain good relations with them. But this sort of 'entitlement' just gets on my goat...

How have they handled the guttering with No 45?

shoe_dog

Bendy_House said:

You contact the PW surveyor?

A party wall surveyor wasn't appointed initially as i agreed to the drawings i was given, obviously what's been built doesn't reflect those drawings though.

Is it possible to bring in a party wall surveyor now to deal with the matter, and is this the right person to appoint?

greenface2

looks level with the fence but the fence looks wrong . how long has the fence been there like that . Talk to your neighbout and their builder and tell them your concerns and make them sort it to your requirements , 

shoe_dog

greenface2 said:

looks level with the fence but the fence looks wrong . how long has the fence been there like that . 

I put the fence up myself about 3 years ago and positioned it slightly inside our boundary line so the rear face of the fence posts (i.e. the face of the post he see's from his side) is level with the boundary line. The boundary line is where the two buildings meet and you can clearly see in the last photo (taken from above) that the guttering is overhanging the flat-roof aluminium coping of my kitchen. 

Boundary line issue aside, can he legally build something that's different from the drawings supplied in the party wall notice i signed? What he's built doesn't match the drawings and by doing away with the parapet wall that offered a natural rain water channel means all that water will now run out and over into my garden. 

shoe_dog

Bendy_House said:

How have they handled the guttering with No 45?

From what i can see he's done exactly the same thing on that side. 

ryan7

Are you proposing they remove the guttering and as a result the water pours onto your property? 
A neighbouring extension can seem encroaching. 
It's your new normal. You are just going to have to bear it

Section62

ryan7 said:

Are you proposing they remove the guttering and as a result the water pours onto your property? 
A neighbouring extension can seem encroaching. 

It's your new normal. You are just going to have to bear it

Based on what?

Section62

shoe_dog said:

What he's built doesn't match the drawings...

The first and second floors don't look anything like the drawing, what's going on there?

casper_gutman

The guttering is trespassing on your property and that isn't okay. It's pretty clear that the boundary will be in line with the building, and the fence often isn't a good guide to its exact position.

I've no experience of this sort of situation but wouldn't your agreement to the plans have been on the basis of the drawings you were shown? Surely that would now be invalid, and you should be entitled to a party wall surveyor at your neighbour's expense as you would have been if you didn't agree initially?

HampshireH

Section62 said:

shoe_dog said:

What he's built doesn't match the drawings...

The first and second floors don't look anything like the drawing, what's going on there?

Glad it's not just me. Those drawings look completely different to the photos in terms of what's already there and what's being built