Neighbours extension overhanging boundary line

Section62

shoe_dog said:

Also, my neighbour has agreed to rebuild the kitchen roof structure with the raised parapet walls and rain water gully. I can see that his builders have already started taking down the existing roof structure this morning so fingers crossed it will all end amicably. 

This is a really good result for you... but you might want to make some further enquiries about the changes to the first and second floor.  If the neighbour is doing these without planning consent there is more than a slight chance that building regulation requirements are not being met either.

That matters to you as faults with their building work could have an adverse impact on your property.  If the guttering/flashing etc on the ground floor roof is anything to go by then I'd want assurance there is nothing similar higher up.

Bendy_House

shoe_dog said:

Bendy_House said:

What did the PWS say about being brought in should a concern arise? Can this be done as it would have before the job started?

The PWS said it's not actually under their jurisdiction to determine where a boundary line is, only to offer an opinion and anyone else can come along and offer a different opinion. It was his advice for my neighbour and I to try and arrive at a boundary line agreement ourselves which we've now done (i did actually get him to sign something just for my own peace of mind).

Also, my neighbour has agreed to rebuild the kitchen roof structure with the raised parapet walls and rain water gully. I can see that his builders have already started taking down the existing roof structure this morning so fingers crossed it will all end amicably. 

That's a great result.

As regards a PWA surveyor's potential involvement, I just meant in terms of the build being as 'planned', and how it could affect you should it change - which it had.

I mean, I wouldn't necessarily expect the surveyor to state definitively "That's the border line, just there...", but I would expect them to respond to you pointing out "This wall design is not as shown in the plans, to which I had agreed a couple of months back. The changes made, with the guttering now positioned beyond the point shown in the plans, will affect me - go forth and youknowwhat, pleeeeez".

A PWS can surely react to a change in the build, which does affect a neighbour?

Ie - is it too late, now that you have agreed the plans, and now that the work has actually started, for you to insist on a PWS, paid for by the neighbour? IF you feel it's required?

Worth asking the PWS you have already been talking to? If they reply "No, not too late, you just have to request it via the neighbour", then I would suggest that this would be a massif tool to hold over the neighb if you have any other ongoing concerns. I would suggest that the 'threat' (ie - "You have left me with little choice but to enact the PWA...") of having a PWS employed at their expense would sober them up pdq. That's why I think it would be useful to 'know' if this can be done, or is it too late. I am NOT suggesting you SHOULD do this, but just find out if you CAN!

Pre-armed, and all that.

shoe_dog

Section62 said:

This is a really good result for you... but you might want to make some further enquiries about the changes to the first and second floor.  If the neighbour is doing these without planning consent there is more than a slight chance that building regulation requirements are not being met either.

That matters to you as faults with their building work could have an adverse impact on your property.  If the guttering/flashing etc on the ground floor roof is anything to go by then I'd want assurance there is nothing similar higher up.

It's a good point as it actually transpired this morning that both the first floor and loft developments were rejected by planning, but he's going ahead anyway in the hope that an appeal will rule in his favour! 

Do building control inspectors have to work in conjunction with the council planning department i.e. report their findings etc? If so then i doubt he's risking having any inspectors round at all until planning is permitted. 

Section62

shoe_dog said:

Section62 said:

This is a really good result for you... but you might want to make some further enquiries about the changes to the first and second floor.  If the neighbour is doing these without planning consent there is more than a slight chance that building regulation requirements are not being met either.

That matters to you as faults with their building work could have an adverse impact on your property.  If the guttering/flashing etc on the ground floor roof is anything to go by then I'd want assurance there is nothing similar higher up.

It's a good point as it actually transpired this morning that both the first floor and loft developments were rejected by planning, but he's going ahead anyway in the hope that an appeal will rule in his favour! 

Do building control inspectors have to work in conjunction with the council planning department i.e. report their findings etc? If so then i doubt he's risking having any inspectors round at all until planning is permitted. 

There is some overlap between LA building control and planning, but the neighbour may not be using the LA service.

Sadly people who don't follow the planning rules often don't care too much about building regs either.  IMV planning and building control should be better integrated than they often are.

Bendy_House

shoe_dog said:

Section62 said:

This is a really good result for you... but you might want to make some further enquiries about the changes to the first and second floor.  If the neighbour is doing these without planning consent there is more than a slight chance that building regulation requirements are not being met either.

That matters to you as faults with their building work could have an adverse impact on your property.  If the guttering/flashing etc on the ground floor roof is anything to go by then I'd want assurance there is nothing similar higher up.

It's a good point as it actually transpired this morning that both the first floor and loft developments were rejected by planning, but he's going ahead anyway in the hope that an appeal will rule in his favour! 

Do building control inspectors have to work in conjunction with the council planning department i.e. report their findings etc? If so then i doubt he's risking having any inspectors round at all until planning is permitted. 

Will any of these changes affect you? Or the other neighbour?

Section62

Bendy_House said:

shoe_dog said:

Section62 said:

This is a really good result for you... but you might want to make some further enquiries about the changes to the first and second floor.  If the neighbour is doing these without planning consent there is more than a slight chance that building regulation requirements are not being met either.

That matters to you as faults with their building work could have an adverse impact on your property.  If the guttering/flashing etc on the ground floor roof is anything to go by then I'd want assurance there is nothing similar higher up.

It's a good point as it actually transpired this morning that both the first floor and loft developments were rejected by planning, but he's going ahead anyway in the hope that an appeal will rule in his favour! 

Do building control inspectors have to work in conjunction with the council planning department i.e. report their findings etc? If so then i doubt he's risking having any inspectors round at all until planning is permitted. 

Will any of these changes affect you? Or the other neighbour?

I'd say 'without doubt'.  See the pictures on the first page.

The neighbour's black-clad second floor extension is higher than the OP's roof - I'd want to know how the neighbour's builder has detailed the junction between the wall and the OP's roof.  Otherwise there is a risk of rainwater penetration into the OP's property in the area of the party wall.

Likewise, how does the second floor extension part join to the first floor part?  Is the junction fully weathertight, where does the rainwater go?

And if the planners turned the application down then there must be a good reason why....

shoe_dog

Section62 said:

I'd say 'without doubt'.  See the pictures on the first page.

The neighbour's black-clad second floor extension is higher than the OP's roof - I'd want to know how the neighbour's builder has detailed the junction between the wall and the OP's roof.  Otherwise there is a risk of rainwater penetration into the OP's property in the area of the party wall.

Likewise, how does the second floor extension part join to the first floor part?  Is the junction fully weathertight, where does the rainwater go?

And if the planners turned the application down then there must be a good reason why....

If indeed my neighbour hasn't informed building control of works being carried out and nobody is visiting to approve the works, is there anything i can do myself to ensure the work is up to standard and won't pose a risk to my house i.e. insist that a building inspector is appointed (in the same way you can with a party wall surveyor)?

DRP

shoe_dog said:

Section62 said:

I'd say 'without doubt'.  See the pictures on the first page.

The neighbour's black-clad second floor extension is higher than the OP's roof - I'd want to know how the neighbour's builder has detailed the junction between the wall and the OP's roof.  Otherwise there is a risk of rainwater penetration into the OP's property in the area of the party wall.

Likewise, how does the second floor extension part join to the first floor part?  Is the junction fully weathertight, where does the rainwater go?

And if the planners turned the application down then there must be a good reason why....

If indeed my neighbour hasn't informed building control of works being carried out and nobody is visiting to approve the works, is there anything i can do myself to ensure the work is up to standard and won't pose a risk to my house i.e. insist that a building inspector is appointed (in the same way you can with a party wall surveyor)?

Yes, ring your local building control and tell them that work has started and you don’t think it’s being inspected. 

Phil4432

shoe_dog said:

Section62 said:

I'd say 'without doubt'.  See the pictures on the first page.

The neighbour's black-clad second floor extension is higher than the OP's roof - I'd want to know how the neighbour's builder has detailed the junction between the wall and the OP's roof.  Otherwise there is a risk of rainwater penetration into the OP's property in the area of the party wall.

Likewise, how does the second floor extension part join to the first floor part?  Is the junction fully weathertight, where does the rainwater go?

And if the planners turned the application down then there must be a good reason why....

If indeed my neighbour hasn't informed building control of works being carried out and nobody is visiting to approve the works, is there anything i can do myself to ensure the work is up to standard and won't pose a risk to my house i.e. insist that a building inspector is appointed (in the same way you can with a party wall surveyor)?

You could have a 'Schedule of Condition,' done by a surveyor.  During the PWA this would have been a part of the process if you had requested a surveyor, which the person doing the works would be expected to pay for.

The issue here is that you consented for the work to go ahead, so they may say they wont be paying for one.

However you could always say that as they are building something different to what was in the plans, and that's gone against the PWA you signed.  Therefore, you wish for them to pay for a surveyor to give you a 'Schedule of Condition.'

You do have extensive photos of how your house was, before work commenced?


If the absolute worst came to the worst and this went to court, your neighbour and their builder wouldn't have much of a leg to stand on as they have not done what they said they were going to in the PWA.  They should have informed you straight away in writing, if the plans had changed.

But of course, many builders do not do this nor even follow the PWA; you are lucky your neighbour did send you a PWA. I had to insist on mine sending me one. 

Maybe have a solicitor lined up just in case, but it sounds like your neighbour is keen to get things sorted.

Nicip

The shape certainly doesn't look like the plans.  I'd mention it to them and speak to your local Planning Dept before its all finished.  It looks like the builders have assumed that the fence is the actual border rather than properly looking at where the houses actually meet.  Was it not noticeable before they put the roof on that the parapet wall wasn't there.  
I'm having a sort of similar issue, though its my gutter that was there by agreement so slightly different, but from what I've been led to understand you can raise a problem with it for up to 10 years, though of course the sooner you can sort it the better