Neighbour's extension drainage dispels on to my property

rachel230

Hi 
Neighbours built small single story extension right to my boundary. It has a flat roof. They have created a down flap for drainage (they left no room for guttering) that dispels all rainwater on to my side. 
Putting aside the council's planning permission (which they didn't apply for) what is the legal stance? Pointless getting Planning round as they are pretty useless round here so really just wondered what the legal position was..

rachel230

..sorry..meant discharges..

propertyrental

I assume neighbour served a Party Wall Act notice and your surveyor (paid for by the neighbour under the Act) approved /signed off the guttering/drainage? (yes- that was tongue in cheek. I assume not!).

Get both Planning and Building Regs involved.

Though you should have done before the build.

If they are 'useless', then hassle them, get your councillor involved, and/or refer to Local Authority Ombudsman.

rachel230

No - it's not even a semi detached house but they build right up to my garage wall.
I was away at the time.
But more interested in the legal stance..

Doozergirl

The build probably didn't need planning permission and fell under permitted development, but Building Control should be involved so I would call them and ask them to come and see what's happening on your side. 

Do you have legal cover with your home insurance?  You could speak to them depending on what happens with Building Control. 

propertyrental

But more interested in the legal stance..

Potential legal stances:

Enforcement of Planning Regs
Enforcement of Building Regs (there are time limits for both)
Sue for any damage caused 
Sue and / or apply for injunction for trespass

ProDave

Just fit a gutter with the outflow directed over the fence back to the neighbours garden.

Yes the extension, including gutter should be entirely in their garden, but a gutter that directs water back to their land even though it is technically "trespassing" sounds better than just having the rainwater land in your garden.

propertyrental

ProDave said:

Just fit a gutter with the outflow directed over the fence back to the neighbours garden.

Yes the extension, including gutter should be entirely in their garden, but a gutter that directs water back to their land even though it is technically "trespassing" sounds better than just having the rainwater land in your garden.

Certainly a practical option. Just be cautious about a subsequent claim that by fitting the gutter you have 'damaged' their wall.....

rachel230

Thanks all for your suggestions - they will speak to Building Regs/planning..

Schwarzwald

rachel230 said:

Thanks all for your suggestions - they will speak to Building Regs/planning..

Who’s “they”?

have you/they spoken to the neighbor in question? What does the neighbor say?