Builder damaged neighbours roof

Section62

Se99paj said:

Section62 said:

Se99paj said:

Section62 said:

Se99paj said:

Kiran said:

Have you got a photo of the damage?

Just found a picture and added to the original post 

Is your building attached to theirs (as it appears from the picture)?  If so, it will be in your interests to get the roof repaired properly as by appearances the damage may result in water/damp getting into your walls.

The damage looks to be significant and rather more than a 'slither' - the overhang is important to keep rain out of the walls and off the door.  Without it they are likely to have water penetration/damp issues, as might you.

I wonder whether the 'leave it' request to your builder is because the neighbour doesn't trust yours to do the job properly, so will get their own builder in and then send you the bill.  Have you talked to them about this?

Also, was there a party wall agreement in place - either previously, or in relation to this work?

The building does attach to ours, but the wall and roof on our side is completely new, her roof is draining into a new gutter that you can't see in the photo.

.....

I think my main question would be what extent should our repair be:

Is it a repair to the existing asbestos piece.
Is it a complete replacement of the asbestos piece
Or is it a complete replacement of the asbestos roof.

I think the more fundamental question here is about the permission (if any) you had to attach your building to the neighbour's - hence the question about a party wall agreement.  Did you get one?

It is difficult to tell from the picture, but what I'm seeing is an overlap between your wall and theirs, such that the first few inches(?) of their roof aligns and overlaps with the wall of your extension.  If so, the builder needed to put flashing on your wall and form some kind of box/valley gutter arrangement so water from her roof was carried away (into her existing gutter) rather than coming to where your wall is and draining away wherever it wanted.  Based on what I can see and interpret from the picture I'm surprised you got building regs signoff for the work as it appears to be done.

Another question - how exactly did her roof get damaged?  Was it something falling on the edge of the asbestos sheet, or was the builder trying to do something to it (e.g. levering it up) as part of the building work?  If her roof overhang at the side and end, then how has the builder managed to build your wall without cutting (or breaking) the asbestos?  I.e. if you end up in a legal battle, will the neighbour produce evidence the builder deliberately damaged the roof in order to be able to build your extension?

The above is based on my interpretation of a not very clear photo - what you do next ought to be based on the advice of someone who has actually seen the situation, or has a selection of clear close-up photos.  Guessing is a risk here.  Did you/the builder take pictures of the roof (and boundary) before and during work as evidence of condition and what was there to start with?

Se99paj said:

I can't see how an additional couple of inches is going to stop the rain getting to the door.

You might be surprised.  A very small overhang of a roof can have a significant impact on weather-proofing the wall and features below.  It won't necessarily stop rain getting to the door, but would reduce the frequency/circumstances where that might happen.

Yes - We have all the appropriate notices in place.

Yes - Our builder has put a gutter in place so water from her roof get carried away. The more complicated answer is that her previous gutter was actually on our side of the boundary line within our garage before we had the work done.

So does the party wall notice say anything about who should pay for damage to the neighbour's property caused during, or by, the building work? A PWS would usually include a clause covering that eventuality.

The point about the gutter was that where your wall touches her building it isn't possible to use a normal-type gutter - and there is no sign in the picture of anything that looks like the appropriate kind of gutter (e.g. box/valley) that would be used where a sloping roof meets a vertical wall.  Again, I'd expect the PWA to cover the issue of guttering/roof drainage, including if her gutter is over your land.

GDB2222

Your builder understandably wants to sort this issue out at low cost, and without involving his insurance. However, the neighbour doesn’t accept that. So, you need to encourage your builder to involve his insurance provider.